2026 Supreme(Online)(Ker) 29492

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
VIKAS RAJ M D – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2197 OF 2026

A petition for pre-arrest bail becomes infructuous when the investigation concludes that the only non-bailable offences are either deleted or substituted by bailable offences, leaving the accused to appear through the standard judicial process.

Headnote:The applicants filed a petition for anticipatory bail under S.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding allegations initially classified under the Bharatiya Nyaya Sanhita, 2023. Upon instructions, the police confirmed that the only non-bailable offence (S.74) was deleted following investigation, and a final report was submitted. The primary issue before the court was whether the request for pre-arrest bail subsisted given the change in the nature of the offences. The court observed that as the remaining charges were bailable, the application for pre-arrest bail was rendered infructuous. The court closed the bail application, granting liberty to the applicants to appear before the trial court upon the issuance of summons.