Kerala High Court
G.S Prakash vs State Of Kerala on 14 February, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(Crl.) No. 169 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 14TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946
WP(CRL.) NO. 169 OF 2025
PETITIONER:
G.S PRAKASH
AGED 57 YEARS, S/O LATE GOPINATHAN NAIR,
T.C 27/926, 'SABARIGIRI', VANCHIYOOR P.O,
THIRUVANANTHAPURAM, PIN - 695035
BY ADVS.
K.C.ELDHO
M.REVIKRISHNAN
P.VIJAYA BHANU (SR.)
AJEESH K.SASI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVT.,
DEPARTMENT OF HOME AFFAIRS,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 CITY POLICE COMMISSIONER
OFFICE OF THE CITY POLICE COMMISSIONER,
THIRUVANANTHAPURAM, PIN - 695014
3 RURAL SUPERINTENDENT OF POLICE,
OFFICE OF THE RURAL SUPERINTENDENT OF POLICE
THIRUVANANTHAPURAM, PIN - 695033
4 THE STATION HOUSE OFFICER
VANCHIYOOR POLICE STATION, VANCHIYOOR P.O,
THIRUVANANTHAPURAM-, PIN - 695035
W.P.(Crl.) No. 169 of 2025
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5 THE STATION HOUSE OFFICER
NEDUMANGAUD POLICE STATION,
NEDUMANGAUD P.O,
THIRUVANANTHAPURAM-, PIN - 695501
6 THE STATION HOUSE OFFICER
PARASSALA POLICE STATION, PARASSALA P.O,
THIRUVANANTHAPURAM, PIN - 695502
P. NARAYANAN, SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 14.02.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.) No. 169 of 2025
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JUDGMENT
The petitioner is the accused in several cases registered
by different police stations across the State. The petitioner
was granted anticipatory bail in 23 cases by the I st Additional
Sessions Court, Thiruvananthapuram. Ext.P1 is the common
order granting anticipatory bail. As per Ext.P1, the petitioner
was directed to appear before the investigating officer
concerned within five days from 03.02.2025. The said five
days is already over. The petitioner did not appear before the
investigating officer apprehending that if he appears, he is
likely to be arrested in crimes pending against him which are
described in Ext.P4 list. It is in these circumstances, the
petitioner has approached this Court to give a direction to the
respondent No.4 to allow him to appear before the
respondent as directed in Ext.P1 and not to arrest or detain
him in any of the crimes in Ext.P4 list of crimes.
2. I have heard Sri.P.Vijayabhanu, the learned Senior
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Counsel, as instructed by Sri.K.Eldho, the learned counsel for
the petitioner and Sri.P.Narayanan, the learned Senior Public
Prosecutor.
3. Section 35 of Bharatiya Nagarik Suraksha Sanhita,
2023 (for short, 'the BNSS') deals with when police may
arrest without warrant. Sub-section (1) of Section 35 of the
BNSS says that any police officer may without an order from
a Magistrate and without a warrant, arrest any person who
commits a cognizable offence or against whom a reasonable
complaint has been made, or credible information has been
received, or a reasonable suspicion exists that he has
committed a cognizable offence punishable with
imprisonment for a term which may be less than seven years
or which may extend to seven years, if the conditions
mentioned therein are satisfied. Sub-section (3) of Section 35
of the BNSS says that, in all cases where the arrest of a
person is not required under sub-section (1), the police
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officer shall issue a notice directing the person against whom
a reasonable complaint has been made, or credible
information has been received, or a reasonable suspicion
exists that he has committed a cognizable offence, to appear
before him or at such other place as may be specified in the
notice. Thus, sub-section (3) attracts only in a case where
sub-section (1) is not attracted.
4. The learned Senior counsel submits that all cases
mentioned in Ext.P4 list are exactly similar to that of the
cases where anticipatory bail was already granted to the
petitioner vide Ext.P1 and hence, the police is bound to issue
notice under sub-section (3) of Section 35 to the petitioner.
It is also submitted that apart from the cases mentioned in
Ext.P4 list, three more cases namely Crime Nos.219, 227 and
228 of 2025 of Vanchiyoor Police Station have been
registered after the institution of this writ petition.
5. However, the learned Senior Public Prosecutor
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submits that each case in Ext.P4 list has to be separately
appreciated and an independent decision should be taken
whether sub-section (1) or sub-section (3) of Section 35 is
to be resorted in each case.
6. Having heard both sides and also taking into
account the apprehension of the petitioner that he is likely to
be arrested in cases described in Ext.P4 list if he appears
before the investigating officer in compliance with Ext.P1
order, this writ petition is disposed of as follows:-
(i) The petitioner shall appear before the investigating
officer/respondent No.4 on 20/02/2025 at 10.00 a.m., to
execute the bond in terms of Ext.P1 order. The petitioner
shall not be arrested in crimes mentioned in Ext.P4 list as
well as in the three cases mentioned above namely Crime
Nos.219, 227 and 228 of 2025, before 20/02/2025 or when
the petitioner appears before the respondent No.4 to execute
the bond in terms of Ext.P1 order.
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(ii) The concerned investigating officer in the crimes
described in Ext.P4 list as well as in three cases mentioned
above, shall take an independent decision in each case in
accordance with law whether to proceed under Section 35(1)
or Section 35(3) of BNSS and act accordingly.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(CRL.) 169/2025
PETITIONER EXHIBITS
Exhibit P1 . A TRUE COPY OF THE ORDER DATED 3/2/2025
PASSED BY THE FIRST ADDITIONAL SESSIONS
JUDGE, THIRUVANANTHAPURAM IN CRL. M.C.
NOS.115/2025 TO 120/2025 AND CRL, M.C
NOS.197/2025 TO 207/2025 AND 231/2025 TO
Exhibit P2(a) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 3968/2024, OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(b) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 31/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(c) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 32/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(d) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 33/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(e) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 50/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(f) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 56/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(g) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 51/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
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Exhibit P2(h) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 57/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(i) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 58/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(j) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 59/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(k) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 62/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(l) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 63/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(m) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 64/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(n) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 98/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(o) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 99/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(p) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 100/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(q) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 101/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
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Exhibit P2(r) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 4018/2024 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(s) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 4019/2024 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(t) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 4020/2024 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit P2(u) A TRUE COPY OF THE A DIARY PROCEEDINGS IN
CRL. MC NO. 19/2025 OF THE FIRST ADDITIONAL
SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit 3(a) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 260/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
Exhibit 3(b) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 261/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit 3(c) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 262/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit 3(d) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 263/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit 3(e) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 264/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit 3(f) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 265/2025 OF THE FIRST
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ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(g) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 266/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(h) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 399/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(i) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 400/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(j) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 401/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(k) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 402/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(l) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 403/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(m) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 404/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(n) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 405/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
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Exhibit P3(o) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 406/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(p) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 409/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(q) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 410/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(r) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 411/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P3(s) A TRUE COPY OF THE ANTICIPATORY BAIL
APPLICATION CRL. MC NO. 437/2025 OF THE FIRST
ADDITIONAL SESSIONS JUDGE, THIRUVANANTHAPURAM
SUBMITTED BY THE PETITIONER
Exhibit P4 THE PETITIONER IS PRODUCING HEREWITH, THE
LIST OF ALL THE CRL. M.CS AND THEIR
CORRESPONDING CRIME NUMBERS FOR READY
REFERENCE OF THIS HON'BLE COURT
Exhibit P5 A TRUE COPY OF THE TIME EXTENSION PETITION
DATED 6/2/2025 FILED BY THE PETITIONER BEFORE
THE HON'BLE SESSIONS COURT,
THIRUVANANTHAPURAM
Exhibit P6 THE TRUE COPY OF THE DISCHARGE SUMMARY FROM
KIMS HOSPITAL
Exhibit P7 THE TRUE COPY OF THE DISCHARGE SUMMARY FROM
COSMOPOLITANS HOSPITAL
