In a recent ruling, the Kerala High Court has established that individuals granted interim bail cannot rely on such orders to argue that their main bail application has become obsolete. The court held that if the main application is dismissed due to non-pursuance, the interim order providing bail would be automatically revoked, thereby rendering the executed bail bond invalid.
Justice A. Badharudeen, presiding over a single bench, delivered the judgment, stating, “The petition, having been dismissed due to non-pursuance and the interim bail being revoked, the petitioner is reverted back to the date of filing the anticipatory bail application. Consequently, the petitioner is no longer under bail, and the police are free to arrest and proceed with the investigation, given the gravity of the allegations.”
The case before the court involved an individual who had sought anticipatory bail and was previously granted interim bail. Accordingly, the petitioner had surrendered and was released on interim bail. The petitioner’s counsel argued that since interim bail had been granted, the application should be dismissed due to the main bail application being considered obsolete. However, the court had specified that the interim bail order would only remain in effect until May 31, 2023.
“In light of the dismissal of the anticipatory bail application due to non-pursuance, both the interim bail order and the executed bond are considered null and void. Consequently, the police have the authority to arrest the petitioner and proceed with legal actions pertaining to this grave offense,” the court opined.
The petitioner was represented by advocates K. S. Arundas, Abijith K, and Ambily Joshy, while the State of Kerala was represented by senior public prosecutor T. V. Neema.
Mukesh @ Nandu v. State of Kerala
