Citing SC Observation, Kerala High Court Refrains From Hearing Anticipatory Bail Plea Filed Directly Without Approaching Sessions Court

The Kerala High Court has refused to entertain an anticipatory bail plea filed directly before it, without approaching the Sessions Court first.

In doing so, Justice K Babu cited Supreme Court's observation in Mohammed Rasal C v. State of Kerala (2025), issuing notice to the Kerala High Court for "bypassing" the Sessions Court.

The Top Court had held that though concurrent jurisdiction is conferred upon the Sessions Court and the High Court, the hierarchy of Court demands that no person seeking remedy under Section 482 of BNSS should be encouraged to directly approach the High Court.

The Kerala High Court lawyers have already expressed their concerns over Supreme Court's observation. They cited various precedents set by the Supreme Court itself, holding that a party is at liberty to choose the forum for filing anticipatory bail plea.

The Top Court in Mohammed Rasal C (supra) however now held that High Court can directly entertain such matters only in exceptional cases, that too for special reasons to be recorded.

The bench thus refrained from entertaining the plea. It however granted him protection from arrest for two weeks, for facilitating him to approach the Sessions Court.

Supreme Court made the observation in a case where the petitioners had directly approached the Kerala High Court seeking pre-arrest bail, without first approaching the Sessions Court. The Court was of the view that if applications for pre-arrest bail are allowed to be directly filed before High Courts, the Courts would be "flooded" with a spate of such applications, thereby creating a "chaotic situation". Per contra, if parties first approach the Sessions Court, there can be a sort of "filtration" as many applications may be allowed at the Sessions Court level itself.

Case Title: Moosa Thiruvangoth v State of Kerala

Citation: 2025 LiveLaw (Ker) 689

Case No: Bail Appl. 12604/ 2025

Counsel for Petitioner: Zubair Pulikool

Counsel for Respondent: G Sudheer (PP)

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