Kerala High Court says accused cannot file multiple bail petitions in different courts; registry must verify

The Kerala High Court on November 17 issued significant directions to curb the practice of accused persons filing simultaneous bail applications before multiple courts [Lalachan VM v State of Kerala & another]

Justice A Badharudeen ordered that all bail petitions before the High Court must contain an undertaking that no other bail petition on the same matter is pending before any other court.

The Court also directed that its registry must verify the same and also check whether any bail pleas are pending before the subordinate courts.

"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”. That apart, in case of doubt, the registry shall contact the sessions court or special court concerned as to filing or pending of any such application by the petitioner/petitioners to ensure that while filing bail application before this Court, no other application to be pending before any other competent courts in the district judiciary. This direction shall be complied hereafter without fail," the Court ordered.

These directions were passed while granting bail to a Kochi Corporation Superintendent accused of demanding and accepting bribe for processing a transfer of ownership application.

The bail application was filed by Lalachan VM who is accused in case for offences under Section 7(a) (bribing a public servant) of Prevention of Corruption (Amendment) Act, 2018 and Section 61(2) (party to criminal conspiracy) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution had alleged that the accused along with a Revenue Inspector, who is the second accused, had demanded bribes from an applicant to process the transfer of ownership of a property.

After a trap was laid to nab the officers while committing the crime, they were caught accepting bribes and were arrested.

Lalachan moved the High Court for bail.

The Court observed that the petitioner had filed a second bail plea before a special court, while simultaneously moving a plea for bail in the High Court, without disclosing the information on the pending application.

It took exception to the manner in which the accused had approached multiple courts for bail and said it was an unhealthy and shocking practice.

Such suppression could disentitle him from the relief he sought, the Court said.

"The above facts would show that, simultaneously applications for bail being filed before the Special Court and this Court in an experimental manner. This attitude is not permissible and the same is to be deprecated," the Court observed.

Nevertheless, the Court after considering the progress of the investigation and the duration of the accused's custody, granted bail to him subject to stringent conditions.

He has to mark his appearance before the investigating officer for three months every Monday, cannot enter the Kochi Corporation limits until investigation is complete and should not influence witnesses.

Advocates Harish Gopinath and Surumi Nazar represented the accused.

Senior public prosecutor Rekha S and special public prosecutor Rajesh A appeared for the Vigilance and Anti Corruption Bureau.

[Read Order]