Image used for representational purposes only. | Photo credit: PTI
The Supreme Court on Wednesday (Nov 12, 2025) asked a three-judge bench to ask whether it is the “party’s choice” to move high courts for anticipatory bail or it is mandatory for litigants to approach a sessions court first.
A bench of Justices Vikram Nath and Sandeep Mehta said the matter would come up for hearing once a three-judge bench was constituted.
“This matter requires hearing by a three-judge bench,” the court said.
The Supreme Court had earlier appointed senior advocate Siddharth Luthra as amicus curiae to assist in the matter.
The Supreme Court on September 8 took note of the Kerala High Court’s “common practice” of dealing with anticipatory bail applications directly without the litigant moving the sessions court.
“One issue that bothers us is that it seems to be a common practice in the Kerala High Court that the High Court disposes of anticipatory bail applications directly without the litigant approaching the Sessions Court. Why is this?” Bench asked.
It stated that there is a hierarchy laid down in the earlier penal code and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Section 482 of the BNSS deals with the guidelines for granting bail to a person who is detained.
“This is not happening in any other state. It is only in the Kerala High Court that we have noticed that applications (for anticipatory bail) are being dealt with directly,” the Bench observed.
The Supreme Court’s comments came while hearing a plea filed by two men challenging the Kerala High Court’s order rejecting their anticipatory bail application.
The Bench observed in the case that the petitioners had directly filed the suit in the High Court without first approaching the appellate court.
It was observed that the High Court dealt with these applications directly without the applicant approaching the Sessions Court, which could result in proper facts not being recorded which would otherwise have reached the Sessions Court.
“We are inclined to consider this aspect and decide whether the option of approaching the High Court will be at the option of the party or it should be mandatory for the accused to approach the Sessions Court first,” the Bench added.
It has given notice to the Kerala High Court through the Chief Secretary on this aspect.
Published – 12 Nov 2025 14:48 IST
