Kerala High Court
Shahabaz Ahmed K N vs State Of Kerala on 25 October, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:79825
B.A.No.12498 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
SATURDAY, THE 25TH DAY OF OCTOBER 2025 / 3RD KARTHIKA, 1947
BAIL APPL. NO. 12498 OF 2025
CRIME NO.757/2025 OF Palluruthy Police Station, Ernakulam
PETITIONERS:
1 SHAHABAZ AHMED K. N.,
AGED 28 YEARS,
S/O NAZAR, VATTOLY HOUSE, KMP NAGAR, PALLURUTHY
P.O., ERNAKULAM, KOCHI, KERALA, PIN - 682006
2 SAKEENA NAZAR P. S.,
AGED 52 YEARS
VATTOLY HOUSE, KMP NAGAR, PALLURUTHY P.O.,
ERNAKULAM, KOCHI, KERALA, PIN - 682006
3 NAZAR K VATTOLIYIL UMMERKOYA,
AGED 58 YEARS,
VATTOLY HOUSE, KMP NAGAR, PALLURUTHY P.O.,
ERNAKULAM, KOCHI, KERALA, PIN - 682006
4 LAMEESA K.N.,
AGED 22 YEARS,
VATTOLY HOUSE, KMP NAGAR, PALLURUTHY P.O.,
ERNAKULAM, KOCHI, KERALA, PIN - 682006
BY ADVS.
SHRI.SAURAV B.
SHRI.ROHITH S.
SMT.SAFNA P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLI PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2025:KER:79825
B.A.No.12498 of 2025
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2 STATION HOUSE OFFICER,
PALLURUTHY POLICE STATION, NADAKADAVU RD,
PALLURUTHY, KOCHI, KERALA, PIN - 682006
BY ADV.
SMT.PUSHPALATHA M.K., SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:79825
B.A.No.12498 of 2025
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K.BABU, J.
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B.A. No.12498 of 2025
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Dated this the 25th day of October, 2025
ORDER
This is an application seeking anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The petitioners have approached this Court directly for pre-arrest bail, without first approaching the Sessions Court for the said relief. The petitioners have not pleaded any exceptional circumstances that prevented them from approaching the Sessions Court concerned. In Mohammed Rasal C v. State of Kerala [Spl Leave to Appeal (Crl) No.6588/2025],the Hon'ble Apex Court has observed that though concurrent jurisdiction is conferred upon the Sessions Court and the High Court, the hierarchy of Court demands that no person seeking remedy under Section 482 of BNSS should be encouraged to directly approach the High Court. The observation of the Hon'ble Apex Court is extracted below:-
"6. We find that in this case, the petitioners had approached the High Court directly for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'),, 2025:KER:79825 B.A.No.12498 of 2025 4 without first approaching the Sessions Court for the said relief. We are of the opinion that though the concurrent jurisdiction is conferred upon the Sessions Court and the High Court to entertain a prayer for pre-arrest bail under Section 482 of the BNSS (formerly, Section 438 CrPC), the hierarchy of Courts demands that no person seeking such remedy should be encouraged or allowed to directly approach the High Court for exercising jurisdiction under Section 482 of the BNSS (formerly, Section 438 CrPC) by bypassing the jurisdiction of the concerned Sessions Court."
3. In view of the fact that the petitioners have not placed any exceptional circumstances justifying them to directly approach this Court under Section 482 of the BNSS, the bail application stands rejected.
However, the petitioners are granted protection from arrest for a period of two weeks from this day for facilitating them to approach the Sessions Court concerned.
Sd/-
K.BABU JUDGE VPK 2025:KER:79825 B.A.No.12498 of 2025 5 APPENDIX OF BAIL APPL. 12498/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE NOTICE OF THE MARRIAGE DATED 13.07.2021 BETWEEN THE 1ST PETITIONER AND DEFACTO COMPLAINANT