The Kerala High Court has held that the failure of an accused to disclose in the anticipatory bail application that he is abroad at the time of filing is, by itself, sufficient ground to decline the extraordinary relief of pre-arrest bail. Dr. Justice Kauser Edappagath dismissed the bail application filed by Shahir Basheer under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, observing that such concealment amounts to a disqualification from the discretionary relief. The Court relied upon the Division Bench decision in Anu Mathew v. State of Kerala [2023 (3) KHC 151] which held that an accused applying for pre-arrest bail from abroad must mandatorily disclose his location and undertake to appear before the Court when directed, failing which the application is liable to be rejected outright.
The applicant is the sole accused in Crime No.73/2026 of Chokli Police Station, Kannur, facing serious allegations punishable under Sections 64(1), 64(2)(m), 69, 143(1)(f) and 143(2) of the Bharatiya Nyaya Sanhita, 2023, Section 66E of the Information Technology Act, 2000 and Section 376 of the Indian Penal Code. The prosecution case is that in March 2017 the applicant induced the de facto complainant, with whom he was in a relationship, to come to his house at Olavilam on the pretext of discussing marriage, got her intoxicated and committed rape on her. He allegedly recorded the sexual acts on his mobile phone and thereafter, on multiple occasions till 21.07.2025, continued to have sexual intercourse with her by threatening to publish the videos and photographs. The applicant contended that he is innocent and falsely implicated and that no material connects him with the crime. The Senior Public Prosecutor opposed the application, submitting that the allegations disclose a premeditated and continuing criminal act and that release at this stage would prejudice the investigation.
The Court noted that the accusations are very serious in nature and prima facie disclose a premeditated criminal act. It further observed that pre-arrest bail cannot be granted as a matter of course and the power under Section 482 BNSS can be exercised only in a special case after recording reasons. Since the applicant had concealed the fact that he was abroad at the time of filing the application, the Court held that this single ground was sufficient to decline relief. The bail application was accordingly dismissed.
Case Title: Shahir Basheer v. State of Kerala
Bail Appl. No. 1536 of 2026
Date of Order: 25 March 2026
Click HERE for full Judgment.
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