When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner would be vacated and the bail bond executed would cease to exist.

A single bench of Justice A Badharudeen observed,

“It is held that since the petition has been not pressed and dismissed and the interim bail granted stands vacated, the petitioner is relegated back to the date of filing of the anticipatory bail application and it is ordered that the petitioner is not on bail as of now and the police is at liberty to arrest the petitioner and proceed with the investigation in this matter, since the allegations are very serious.”

The Court was considering an anticipatory bail application by the petitioner, in which the Court had previously granted interim bail. Consequently, the petitioner had surrendered and was released on interim bail. The Counsel for the petitioner submitted that in view of the interim bail granted, the application is liable to be dismissed as not pressed as the main bail application has become infructuous. The Court while granting the interim order had specified that the same would be in force only till 31.05.2023.

“..it has to be held that in view of the dismissal of the anticipatory bail application by not pressing the same, the order of interim bail as well as the bond executed thereof stand effaced and the police is free to arrest the petitioner and proceed against the petitioner in accordance with law, in this case involving very serious offence,” the Court observed.

Counsel For Petitioner: Advs K S Arundas, Abijith K, Ambily Joshy

Senior Public Prosecutor: Adv T V Neema

Case Title: Mukesh @ Nandu V State of Kerala

Citation: 2023 LiveLaw (Ker) 251

Click here to read/download order