S. 232 BNSS | No Prohibition On Committal Courts To Consider Bail Applications: Kerala High Court

The Kerala High Court has held that there is no prohibition on a committal court to consider the bail application of an accused person as per the second proviso to Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Justice V.G. Arun observed:"The 2nd proviso casts a duty on the Magistrate to forward the applications filed by the accused or the victim to the Court of Session while committing the case. If the 2nd proviso is taken as a prohibition on the Magistrate's power to consider applications, including bail applications at the committal stage, that will deprive the accused of his right to seek bail till the case is committed to the Sessions Court...As per sub-clause (a) of Section 232, the Magistrate's power to remand the accused to custody until commitment, is subject to the provisions relating to bail. If the proviso is interpreted as making it obligatory for the Magistrate to forward the bail applications also to the Sessions Court, that would render the power conferred under sub-clause (a) of Section 232 nugatory."For context, Section 232 provides that the Magistrate (committal court) shall commit a case to the Sessions Court if it appears to the Magistrate that the offence is exclusively triable by the Sessions Court. As per the first proviso to the provision, the committal proceedings have to be completed within 90 days but this period can be extended up to 180 days. Under the second proviso, there is a duty on the Magistrate to forward the applications filed by the accused or the victim to the Court of Session while committing the case.In this case, Petitioner is the sole accused in a crime punishable by Section 55(i) of the Abkari Act, for which the maximum punishment is imprisonment for 10 years and fine of ₹ 1 lakh. The case is now pending before the Judicial First Class Magistrate Court, Kattakkada. His anticipatory bail applications before the Sessions Court and High Court were dismissed. He preferred the present petition seeking an opportunity to surrender before the trial court and for a direction to consider his bail application on the same day. However, the petitioner apprehended that the Magistrate may not consider the bail application in view of the second proviso of Section 232 BNSS.However, the Court felt that the interpretation of the provision does not lead to the conclusion that there is a prohibition on the committal court to consider the bail application of accused. Thus, it disposed of the petition with a direction to the Magistrate to consider the bail application of the petitioner, preferably on the same day of filing.Case No: Crl.M.C. No. 6925/2025Case Title: Vishnu v. State of KeralaCitation: 2025 LiveLaw (Ker) 536Counsel for the petitioner: M.R. Sasith, R.K. Chirutha, Anjana Suresh E., Reethu Jacob, Lidhiya George, Hasna Jabil, Anjitha S. Counsel for the respondent: M.C. Ashi - Sr. PP Click to Read/Download Judgment

S. 232 BNSS | No Prohibition On Committal Courts To Consider Bail Applications: Kerala High Court

K. Salma Jennath

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