Not disclosing stay outside country enough to deny pre-arrest bail: Kerala HC

Kochi: High court has held that failure to disclose in a bail application that the accused was abroad at the time of filing is, by itself, sufficient to disqualify him from obtaining the extraordinary relief of pre-arrest bail.A bench of Justice Kauser Edappagath issued the ruling while dismissing a pre-arrest bail petition filed by Shahil Bashir of Chokli in Kannur. The case involves allegations that he raped a woman by making her believe that he would marry her, recorded the sexual acts on his mobile phone, and later threatened her, using the footage. The prosecution further alleged that the accused repeatedly sexually assaulted her by threatening to publish the said photos and videos.Upon perusing the case diary, HC noted that the accusations against the accused are very serious in nature and prima facie indicate a premeditated criminal act on his part. The court also observed that the accused is currently abroad and that this fact was not disclosed in the bail application. It held that such concealment alone justifies dismissal of the application.Referring to a previous division bench order mandating the presence of the accused in India while filing a bail plea, HC stated that it is the primary duty of an accused applying for pre-arrest bail from abroad before a court in India to disclose that he is abroad. He must also undertake to return to India when directed by the court.Accordingly, HC dismissed the pre-arrest bail petition.