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2026 Supreme(Online)(Ker) 52881

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
ANEESH A – Appellant
Versus
INSPECTOR OF POLICE – Respondent
BAIL APPL. NO. 4069 OF 2026 | CRIME NO.46/2025



Advocates:
For the Appellants/Petitioners: Siddique C., Fahad Hussain
For the Respondents: Aneeda Beegum

The High Court is empowered to grant transit bail to an applicant facing arrest for a crime registered outside its territorial jurisdiction to protect personal liberty and allow the applicant to seek remedies from the jurisdictional court.

Headnote:(A) Transit Bail - Territorial Jurisdiction - Grant of transit bail is permissible when the crime is registered outside the court's territorial jurisdiction to protect the personal liberty of the applicant and allow them to approach the jurisdictional court. (Para 5, 6)

Issues: Whether the court can grant transit bail for a crime registered in another state.

Table of Content
1. application for transit bail filed by an accused apprehending inter-state arrest. (Para 1 , 2 , 3 , 4)
2. courts can grant transit bail for crimes outside territorial jurisdiction to protect personal liberty. (Para 5 , 6 , 7)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.08.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

2. The applicant is the accused in Crime No.46/2025 of Cyber Police Station, Central Crime Branch, Vepery, Chennai.

3. The applicant apprehends arrest by respondent no.1 in the above crime.

4. Heard the learned counsel for the applicant and the learned Senior Public Prosecutor.

5. The Supreme Court in Priya Indoria v. State of Karnataka (2023 KHC OnLine 6997) held that though this Court is not in a position to grant pre-arrest bail in cases where crimes have been registered outside the territorial jurisdiction, this Court is empowered to pass an order of transit bail.

6. The apprehension of the applicant of an inter-state arrest appears to be well-founded. The grounds raised by the applicant for an order of transit bail appears to be reasonable to avoid minimum threat to his life and personal liberty in the jurisdiction where the FIR is registered.

7. The applicant has satisfied this Court regarding his inability to seek anticipatory bail from the court which has territorial jurisdiction to take cognizance of the offence immediately.

This bail application is therefore disposed of with liberty to the applicant to approach the jurisdictional Court and seek proper remedies in accordance with law, within a period of three weeks from today. The respondent No.1 shall not arrest the applicant till the expiry of the said three weeks.

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