Supreme Court expresses concern over Kerala High Court hearing anticipatory bail pleas bypassing sessions court

The Supreme Court on Monday expressed concern over a "regular practice" at the Kerala High Court of entertaining anticipatory bail pleas without asking the person to first approach the sessions court [Mohammed Rasal C & Anr v. State of Kerala & Anr].

A Bench of Justices Vikram Nath and Sandeep Mehta said that this does not happen in any other court. There is a hierarchy provided in the Code of Criminal Procedure (CrPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Court underscored.

"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 Court remarked.

The Bench observed that the High Court entertaining anticipatory bail pleas without it being considered by the trial court first may lead to proper facts not being brought on record, which otherwise would have come before the sessions court.

"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," the top court added.

Therefore, the Bench appointed Senior Advocate Sidharth Luthra as amicus curiae in the matter and issued notice to the Registrar General of the Kerala High Court.

The case will be heard next on October 14.

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