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Criminal Law
In a criminal matter, what happens in the first few days often shapes everything that follows. Someone who has just learned that an FIR has been registered, or whose family member has been taken into custody, needs clear answers quickly: whether arrest is likely, which court to approach for bail, and what should and should not be said to the police.
Adv. K Rajesh Kannan, a High Court of Kerala advocate with over 24 years of practice, advises promptly in criminal matters and handles anticipatory bail, regular bail, quashing petitions, criminal appeals and revisions before the High Court of Kerala. Bail and trial matters before the Magistrate and Sessions Courts in Ernakulam are also handled through the office. The practice acts for accused persons and also for complainants and victims who need their case pursued properly.
Since 1 July 2024, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam have replaced the IPC, the CrPC and the Evidence Act. Cases registered before that date largely continue under the old law, so the first step in any matter is to identify which set of provisions applies.
Criminal matters handled include:
Questions people often ask
Where do I apply for anticipatory bail?
Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, an application for anticipatory bail can be made to the Sessions Court or the High Court when a person has reason to believe they may be arrested for a non-bailable offence. The court can impose conditions, such as appearing for questioning when required.
What rights does a person have after arrest?
A person who is arrested must be told the grounds of arrest, is entitled to consult a lawyer, and has the right to have a relative or friend informed. They must be produced before a Magistrate within twenty-four hours, excluding travel time. Our guide to rights after arrest explains this in more detail.
Can an FIR be quashed?
The High Court has power to quash an FIR or criminal proceedings to prevent abuse of process or to secure the ends of justice. This is used, for example, where the allegations do not disclose an offence or, in certain kinds of cases, where the parties have genuinely settled the dispute. Whether it is available depends on the facts and the offence alleged.
What is default bail?
If the police do not file the final report within the period allowed by law, sixty or ninety days depending on the offence, the accused person becomes entitled to be released on bail, provided they apply for it and are ready to furnish bail.
For urgent criminal matters, call the office on +91 94472 90234, or book a consultation.
This page gives general information about the law in Kerala. It is not legal advice on any particular case.
