VIKAS RAJ M D vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 29492

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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

Important Points

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.

Subject

Criminal Law - Bail

Act Referred

Bharatiya Nagarik Suraksha Sanhita, 2023: S.482
Bharatiya Nyaya Sanhita, 2023: S.296(b), S.74, S.115(2), S.3(5)

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.

Advocates:
For the Appellants/Petitioners: IEANS.C.CHAMAKKALA
For the Respondents: K.A. NOUSHAD

ORDER

This application is filed by the accused Nos. 1 to 5 in Crime No.210/2026 of Viyyur Police Station, Thrissur under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

2. Originally, the offences involved are under Sections

296(b), 74 and 115(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS). Out of the above offences, Section 74 of the BNS is the only non bailable offence. The learned Senior Public Prosecutor on instructions submitted that, after investigation, Section 74 of the BNS was deleted and final report has been filed. Now the offences involved are bailable in nature.

Hence, this pre-arrest bail application is closed with liberty to the applicants to appear before the trial court on summons.