Today, On 8th September, Supreme Court has raised concern over Kerala High Court hearing anticipatory bail pleas directly, bypassing the sessions court. The bench observed, “This does not happen in any other High Court,” highlighting a worrying deviation from standard practice.
The Supreme Court raised concerns regarding a “regular practice” at the Kerala High Court, where anticipatory bail applications are entertained without requiring individuals to first seek recourse from the sessions court.
A Bench consisting of Justices Vikram Nath and Sandeep Mehta pointed out that such a practice is not observed in any other court.
The Court emphasized that the Code of Criminal Procedure (CrPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) outline a clear hierarchy for these matters.
The Top Court held that Supreme court to Decide if Approaching Sessions Court First for Anticipatory Bail Is Mandatory or “Choice of the Party”
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The Bench remarked,
“One issue which in bothering us…In Kerala High Court there seems to be a regular practice that High Court accepts anticipatory bail directly without the litigator approaching the sessions court first. Why is that so? There is a hierarchy provided by CRPC or BNSS. I am not commenting on present case, but as a matter of principle…It doesn’t happen in any High Court,”
The Justices noted that allowing the High Court to consider anticipatory bail pleas without the trial court’s input could result in vital facts not being presented, which would typically come before the sessions court.
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The Court added,
“We are inclined to consider this aspect and decide the issue whether the High Court would be at the choice of the party or it should be mandatory that the accused should first approach the sessions court,”
Consequently, the Bench appointed Senior Advocate Sidharth Luthra as amicus curiae for this matter and issued a notice to the Registrar General of the Kerala High Court.
The case is scheduled for a hearing on October 14.
Case Title: Mohammed Rasal C & Anr v. State of Kerala & Anr