Kerala High Court Decries Simultaneous Bail Pleas Before Different Courts, Mandates Undertaking In All Future Bail Applications

Justice A. Badharudeen issued the directions while considering the bail application of the Superintendent at Kochi Corporation who is accused of corruption.

The Court while considering the bail application found that after the Special Court rejected the first bail application on 29 October 2025, the petitioner filed a second bail application before the Special Court.

The petitioner then approached the High court while the second application was still pending before the Special Court. Even though the second bail application was withdrawn later, the Court noted that no disclosure of the pending bail application was made in the application before the High Court.

The Court observed that the bail application, filed after suppressing the filing of second bail application, may disentitle any relief for the petitioner. It thus issued directions to the Registry to overcome such strategies adopted by persons seeking bail, by verifying that all the bail applications filed before it contain an undertaking stating no other bail plea is pending before any District Judiciary court.

“Having noticed the above facts, in order to overcome this strategy, the Registry of this Court is directed to verify all bail applications filed before this Court to ensure that there will be an undertaking in all the bail applications filed, stating that “no other bail application/applications filed or pending in any other Courts in the District Judiciary as on the date of filing of the bail application before this Court”” the Court ordered.

It further directed the Registry to contact Sessions Court or Special Court concerned in case of any doubt to ensure that no other applications are pending before any other competent Courts in the District Judiciary.

“This direction shall be complied hereafter, without fail.” the Court added.

Despite expressing the petitioner's conduct could justify the denial of the relief, the Court granted bail to the petitioner noting that further custody is not necessary for the investigation.

Case Title: Lalachan V M v State of Kerala

Case No: Bail Appl. 13644/ 2025

Citation: 2025 LiveLaw (Ker) 756

Counsel for Petitioner: Harish Gopinath, Surumi Nazar

Counsel for Respondents: Rajesh A (Spl. PP VACB), Rekha S (Sr. PP VACB)