Pre-arrest bail: Kerala HC dismisses Farman’s plea

He then moved the Kerala HC seeking an extension of the one-month period by a further 15 days to enable him to approach the Madhya Pradesh High Court.
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KOCHI: The Kerala High Court on Thursday dismissed a petition filed by Farman Khan, husband of viral Kumbh Mela fame, seeking an extension of time to approach the Madhya Pradesh High Court for anticipatory bail in a kidnapping case registered based on the complaint of the girl’s father.

While disposing of the transit anticipatory bail plea filed earlier by Farman and the girl, the Kerala High Court had permitted Farman to approach the competent court in Madhya Pradesh for anticipatory bail within one month and restrained the police from arresting him during that period.

Farman submitted that he had approached the jurisdictional court in Madhya Pradesh seeking anticipatory bail, but his application was dismissed on July 1. He then moved the Kerala HC seeking an extension of the one-month period by a further 15 days to enable him to approach the Madhya Pradesh High Court.

Justice Kauser Edappagath observed that the Supreme Court has held that, although a high court cannot grant anticipatory bail in cases where the crime has been registered outside its territorial jurisdiction, it may, in exceptional and compelling circumstances, grant interim protection to enable the accused to approach the competent court for anticipatory bail.The court noted that Farman had already exercised the liberty granted by the HC by filing for anticipatory bail before the competent court in Madhya Pradesh.

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