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2026 Supreme(Online)(Ker) 68243
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
K. Rathnakara – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 6930 OF 2026
Important Points
Subject
Criminal - Bail
Act Referred
Bharathiya Nyaya Sanhitha, 2023: S.318(4), S.316(5), S.61(2)
Headnote
Issues: Whether the applicant is entitled to transit bail to approach the jurisdictional court in another state.
Legal Category Hierarchy
-
practice and procedure
-
bail
- transit bail
- jurisdiction
-
bail
-
crime and sentencing
- offences involving property
For the Appellants/Petitioners: S. Santosh Kumar (Perunad)
For the Respondents: Aneeda Beegum
This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The applicant is the accused in Crime No.55 of 2026 of Economic Offence Wing, Unit-9, Mumbai, Maharashtra. The offences alleged against the applicant are punishable under Sections 318(4), 316(5) and 61(2) of the Bharathiya Nyaya Sanhitha, 2023 .
The applicant apprehends arrest by respondent No.2 in the above crime.
Heard the learned counsel for the applicant and the learned Senior Public Prosecutor.
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.
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.
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.2 shall not arrest the applicant till the expiry of the said three weeks.
