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.
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