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2026 Supreme(Online)(Ker) 29689

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Irfan – Appellant
Versus
State Of Kerala – Respondent
Bail Appl. No. 2254 Of 2026



Important Points

A petitioner has the right to withdraw a bail application filed before the High Court with liberty to approach the trial court for relief.

Subject

Criminal Law - Bail

Headnote

The petitioner sought bail in connection with a criminal case. Upon being heard, the counsel for the petitioner requested permission to withdraw the application while reserving the right to approach the trial court instead. The court granted the requested permission. The core issue was whether the applicant should be permitted to withdraw the current application for bail before the High Court. The court exercised its discretion to allow the withdrawal, acknowledging the petitioner's intent to seek relief from the appropriate lower forum instead. The bail application stands dismissed as withdrawn.

Advocates:
For the Appellants/Petitioners: Sam Isaac Pothiyil, S. Suraja, Muhammed Suhair C.A
For the Respondents: M.C. Ashi

ORDER

The learned counsel for the applicant seeks permission to withdraw this bail application with liberty to approach the trial court. Permission is granted.

Accordingly, the bail application is dismissed as withdrawn.

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