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2026 Supreme(Online)(Ker) 74840
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Sajeena – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 6797 OF 2026
Important Points
A petition for pre-arrest bail should generally be filed before the Sessions Court first; the High Court may dismiss such applications if filed directly without showing exceptional circumstances.
Subject
Criminal - Bail
Act Referred
Headnote
(A) Pre-arrest Bail - Procedural Compliance - Approach to Sessions Court - Filing of a bail application directly before the High Court without first approaching the Sessions Court is impermissible unless exceptional circumstances are demonstrated.
Legal Category Hierarchy
-
practice and procedure
-
bail
- pre-arrest bail
- jurisdiction
-
bail
Advocates:
For the Appellants/Petitioners: Zakheer Hussain, Mohamed Rasiq
For the Respondents: V. Vinay
For the Appellants/Petitioners: Zakheer Hussain, Mohamed Rasiq
For the Respondents: V. Vinay
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant has approached this court without first approaching the Sessions Court. No exceptional circumstances have been canvassed. Hence, this bail application is dismissed with liberty to the applicant to prefer bail application before the Sessions Court.
