SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) This JPP is registered pursuant to the order dtd. 5/9/2024 of the learned Single Judge in B.A.No.5674 of 2024, which is one filed by respondents 3 and 4 herein, who are accused Nos.1 and 2 in Crime No.493 of 2024 of Kannur Town Police Station, invoking the provisions under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, 'BNSS'), for an order of pre-arrest bail. The said crime is registered against them and two others, alleging the commission of an offence under Sec. 420 of the Indian Penal Code, 1860.

(2.) In the order dtd. 5/9/2024, after referring to the decision of a Division Bench of this Court in Anu Mathew v. State of Kerala [2023 (3) KHC 151] and that of the Apex Court in Kusha Duruka v. State of Odisha [(2024) 4 SCC 432], the learned Single Judge directed the Registry to place B.A.No.5674 of 2024 before the Hon'ble the Acting Chief Justice to consider whether the matter is to be placed before the Division Bench dealing with the matters relating to Practice and Procedure in the Judicial and Administrative Ss. of the High Court, to lay down the practice and procedure to be incorporated in the bail application module, since the Court is coming across numerous applications for pre-arrest bail, where the fact that the accused are abroad is deliberately suppressed. By the order dtd. 23/9/2024 of the Hon'ble Acting Chief Justice the Registry was directed to place the matter before the Division Bench dealing with the matters relating to Practice and Procedure in the Judicial and Administrative Ss. of the High Court. The Division Bench, by the order dtd. 23/9/2024, directed the Registry to register a JPP and list it before the Bench.

(3.) Heard the learned Special Government Pleader and Additional Public Prosecutor for the 1st respondent State, the learned Deputy Solicitor General of India-in-charge for the 2nd respondent Union of India, the learned counsel for respondents 3 and 4 and the learned counsel for the additional 5th respondent.