https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Supreme Court Flags Kerala HC Bypassing Sessions Court for Anticipatory Bail, Noting Deviation from Standard Procedure

Supreme Court questions Kerala HC for directly hearing anticipatory bail pleas, bypassing sessions court, calling the practice unprecedented.
Juvenile Justice reforms
Indian Masterminds Stories

New Delhi: The Supreme Court on 8 September expressed concern over the Kerala High Court entertaining anticipatory bail pleas directly, bypassing the sessions court. The bench observed, “This does not happen in any other High Court,” noting the practice deviates from standard procedure.

Bench Questions Kerala HC’s Approach

A bench of Justices Vikram Nath and Sandeep Mehta highlighted that Kerala High Court’s “regular practice” of directly hearing anticipatory bail applications is not followed elsewhere. The judges emphasized that the Code of Criminal Procedure (CrPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) establish a clear hierarchy for such matters.

The Court remarked, “One issue which is bothering us… In Kerala High Court, there seems to be a regular practice that High Court accepts anticipatory bail directly without the litigant approaching the sessions court first. Why is that so? There is a hierarchy provided by CrPC or BNSS. I am not commenting on the present case, but as a matter of principle… It doesn’t happen in any High Court.”

Concerns Over Omitted Trial Court Input

The bench noted that bypassing the sessions court could result in critical facts not being presented, as trial courts typically handle initial scrutiny of such pleas. The Court added, “We are inclined to consider this aspect and decide whether the High Court should be at the choice of the party or if it is mandatory for the accused to first approach the sessions court.”

Amicus Curiae Appointed, Next Hearing Scheduled

To assist in this matter, the Supreme Court appointed Senior Advocate Sidharth Luthra as amicus curiae and issued a notice to the Registrar General of the Kerala High Court. The case is scheduled for hearing on 14 October.

Also Read: Judge Udayakumar Suspended by Kerala High Court After Litigant Alleges Sexually Coloured Remarks


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
UPSC IAS IPS IFS
UPSC Releases 1,087 Vacancies for Civil Services 2025 — IAS Tops, PwBD Quota at 42 Seats - Check Service-Wise and Category-Wise Break-Up
Su-57 Aircraft deal
Su-57 Aircraft Deal in Focus: Defence Minister Rajnath Singh’s Measured Silence Reflects India’s Strategic Defence Balance - ‘Atmanirbhar Bharat Comes First’
Global Climate Law Precedents In India
SC Urges of Serious Need of Global Climate Law Precedents In India at the 6th Full Meeting of the Standing International Forum of Commercial Courts
Private forest
Major Relief for Maharashtra Landowners — SC Declares Notice Under Indian Forest Act Insufficient to Vest Land as Private Forest
IAS Vini Mahajan
IAS Vini Mahajan, Punjab’s First Woman Chief Secretary, Joins Chandigarh Administrator’s Advisory Council – Know More About Her
Air Lora Ice Breaker Tech Transfer Deal
Shock to China-Pakistan: India Now Owns Latest Israeli Air Lora & Ice Breaker Missile Technology
Tejas MK-2 Aircraft
Global Eyes on Tejas Mk2: How This Make in India Fighter Outclasses Rafale, China’s J-10 and Pakistan’s JF-17
Akula Class Submarine
India Signs 3 Billion Dollar Russian Akula Class Submarine to Curb the China Dominance and Protect Indo-Pacific Ocean
ADVERTISEMENT
ADVERTISEMENT
Videos
Anil Swarup
Conquering The Emperor of Maladies With Aplomb
CS Rao, IFS Officer
How IFS Officer C.S. Rao Is Transforming Sikkim Into a Model of Green and Sustainable Tourism
WhatsApp Image 2025-10-31 at 13.49
Walking with the Wild: How Dr. Sonali Ghosh is Protecting Assam’s Forests
ADVERTISEMENT
UPSC Stories
IFS Kenneth Chakma UPSC
This IFS Officer Wants to Turn the Northeast into a Global Model of Green Prosperity
UPSC achiever and IFS officer Kenneth Chakma shares his path from GSI to the Forest Service and his mission...
Moin Ahamd Mansoori IAS UPSC Success Story
How IAS Moin Ahamd Mansoori’s Selection Brought Respect, Dignity, and a New Life to His Family
From running a cyber café to becoming an IAS officer, Moin Ahamd Mansoori’s story of struggle, UPSC journey,...
asjhajshaj
The Soil That Raised Him Now Celebrates Him: How Farmer’s Son & Teacher Kamal Khadav Became SDM - After Mishearing a Question in His Interview
Farmer’s son Kamal Khadav from Bedawadi, Nagaur, secured 9th rank in RAS 2023 through self-study while...
Social Media
IAS L.V
Clean Skies vs Choking Smog: Ex-IAS L V Nilesh's Critiquing Post Comparing Delhi’s Smog to U.S. Skies Sparks National Outrage
Ex-IAS officer Mr. L.V. Nilesh’s viral post comparing Delhi’s polluted air to the U.S. has reignited...
IAS Pari Bishnoi
“Don’t Quit”: IAS Pari Bishnoi’s Inspiring Journey From Weight Gain to UPSC Glory is Inspiring Millions Across India
IAS officer Ms. Pari Bishnoi’s journey from failure to achieving All India Rank 30 in the UPSC exam showcases...
Tenzin Yangki IPS Arunachal
Historic First: Who Is Tenzin Yangki, Arunachal Pradesh’s First Woman to Join IPS? Anand Mahindra Hails Her
She secured an impressive 545th rank in the prestigious UPSC Civil Services Examination - 2022.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
UPSC IAS IPS IFS
UPSC Releases 1,087 Vacancies for Civil Services 2025 — IAS Tops, PwBD Quota at 42 Seats - Check Service-Wise and Category-Wise Break-Up
Su-57 Aircraft deal
Su-57 Aircraft Deal in Focus: Defence Minister Rajnath Singh’s Measured Silence Reflects India’s Strategic Defence Balance - ‘Atmanirbhar Bharat Comes First’
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Anil Swarup
CS Rao, IFS Officer
WhatsApp Image 2025-10-31 at 13.49
ADVERTISEMENT
ADVERTISEMENT