Court acknowledges threat to life and personal liberty, allows one month for bail application in jurisdictional court.
In a recent decision, the Kerala High Court, presided over by Justice Kauser Edappagath, addressed a complex case involving inter-state jurisdictional issues and personal safety concerns. The case, Moh Farmaan v. State of Kerala, involved an application for transit anticipatory bail filed by Moh Farmaan and another petitioner, both film actors from Madhya Pradesh.
The petitioners, who recently married and registered their marriage under the Kerala Registration of Marriage (Common) Rules, 2008, faced legal challenges after a complaint was lodged by the father of the second applicant in Madhya Pradesh. The complaint led to the registration of a case by the Madhya Pradesh police, alleging that the first applicant kidnapped the second applicant. The case was registered under Section 137(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, with additional charges under various other statutes.
The crux of the petitioners' plea was the threat to their lives if they were to travel to Madhya Pradesh, due to the sensitive nature of their inter-religious marriage. They claimed a reasonable apprehension of harm and an inability to approach the jurisdictional court for anticipatory bail without protection against arrest.
In its order, the High Court recognized the petitioners’ concerns, particularly the reasonable apprehension of threat to life and personal liberty. The court acknowledged that while it does not have the authority to grant pre-arrest bail for cases registered outside its jurisdiction, it is empowered to provide transit anticipatory bail to safeguard against immediate arrest.
Justice Edappagath noted the evidence presented, including documents indicating that the second applicant is of legal age, which the court found credible enough to question the allegations of kidnapping. Furthermore, the court took into account the marriage registration and the petitioners’ assertion of voluntary cohabitation.
Citing the Supreme Court's precedent in Priya Indoria v. State of Karnataka, which supports the provision of transit bail under similar circumstances, the Kerala High Court granted the first applicant protection from arrest for one month. This period is to allow the petitioner to approach the appropriate jurisdictional court in Madhya Pradesh to seek anticipatory bail.
The court's decision underscores the judiciary’s role in balancing legal jurisdiction with the protection of individual rights, ensuring that the petitioners have an opportunity to defend themselves while safeguarding their fundamental rights.
Bottom Line:
Grant of transit anticipatory bail by the High Court in cases where crimes are registered outside its territorial jurisdiction, based on reasonable apprehension of threat to life and personal liberty.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 137(2), Section 81, Section 83, Section 87; Prohibition of Child Marriage Act, 2006 - Section 9; Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2)(v), 3(2)(va).
Moh Farmaan v. State of Kerala, (Kerala) : Law Finder Doc id # 2913909
