Supreme Court to Address Anticipatory Bail Dilemma in Kerala

The Supreme Court has referred to a three-judge bench the question of whether litigants seeking anticipatory bail can go directly to the High Court, or must first approach a sessions court. This comes after concerns over the Kerala High Court's practice of directly entertaining such applications.

The Supreme Court has escalated to a three-judge bench the pivotal question of whether those seeking anticipatory bail must first approach a sessions court or have the choice to directly approach a high court. This move follows the Kerala High Court's contentious practice of accepting anticipatory bail requests without prior sessions court involvement.

A bench consisting of Justices Vikram Nath and Sandeep Mehta has urged that the matter be scheduled for a hearing once the appropriate bench is assembled, indicating the seriousness and complexity of the issue.

The decision is fueled by the Supreme Court's review of the Kerala High Court's unique method, which potentially bypasses procedural hierarchies set by both historical and current legal frameworks such as the Bharatiya Nagarik Suraksha Sanhita, 2023. Notice has been issued to the Kerala High Court for further input on this matter.

(With inputs from agencies.)