Petitioner sought pre-arrest bail for offences registered with a West Bengal police station. Citing Samdeep Varghese, the Court held it lacks territorial jurisdiction over crimes registered outside Kerala; after interim protection lapsed, the application was dismissed without prejudice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
BAIL APPL. NO. 781 OF 2024
CRIME NO.312/2023 OF THE NEW TOWN POLICE STATION, BIDHANNAGAR POLICE COMMISSIONERATE, WEST BENGAL PETITIONER/ACCUSED:
ANEESH A P
AGED 31 YEARS
AMBALAPARAMBIL ,PATTAMBI, KOZHIKKOTTIRI,
MUTHUTHALA, PALAKKAD, PIN - 679303
BY ADVS.
D.FEROZE
T.S.KRISHNENDU
JANET VARGHESE
ADARSH A.
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 POLICE INSPECTOR NEW TOWN POLICE STATION BIDHANNAGAR POLICE COMMISSIONERATE D J BLOCK, OPPOSITE TO TATA CANCER HOSITAL WEST BENGAL, PIN - 700160OTHER PRESENT:
PUBLIC PROSECUTOR SMT SHYNIMOLE V O
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.781 of 2024
-:2:-
Dated this the 6th day of March,2024
O R D E R
The application is filed under Section 438 of the Code of Criminal Procedure,1973, for an order of pre-arrest bail.
B.A.No.781 of 2024
-:3:-
been registered outside its territorial jurisdiction, directed the respondents not to arrest the petitioner for a period of three weeks, to enable the petitioner
to workout his remedies, in accordance with law. Accordingly, the case is posted to today.
appearing for the petitioner and Smt.Shynimol V.O, the learned Public Prosecutor.
Resultantly, the bail application is dismissed, without prejudice to the right of the petitioner to workout his remedies in accordance with law.
SD/-
C.S.DIAS,JUDGE
rmm/6.3.2024
1 issue framed by the court
Whether this Court has territorial jurisdiction to grant pre-arrest bail for a crime registered in West Bengal.
Colour shows how this judgement treated each authority
Samdeep Varghese v. State of KeralaFollowed¶3
[2010 (2) KHC 881]
5 provisions across 2 enactments
Aneesh A P
State of Kerala
Police Inspector, New Town Police Station, Bidhannagar Police Commissionerate, West Bengal
C.S.Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court