The Kerala High Court has said recently that it is well within its powers to consider anticipatory bail pleas even if litigants approach it directly without first approaching the Sessions Court concerned.
This is in view of precedents in this regard, the court held, while considering an anticipatory bail plea of the owner of an IT firm in a case of alleged sexual assault of a woman employee.
The court’s observation comes in the wake of the Supreme Court earlier this month issuing notice to the court in this regard. The apex court had said that the High Court would be flooded with a spate of pre-arrest bail applications if litigants approached it directly.
Bypassing jurisdiction
The Supreme Court had said that although concurrent jurisdiction was conferred on both the Sessions Court and the High Court to entertain a prayer for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the hierarchy of courts demands that no person seeking such remedy should be encouraged or allowed to directly approach the High Court to exercise jurisdiction under the provision, by bypassing the jurisdiction of the Sessions Court concerned.
On its part, the High Court referred to precedents, including by the top court regarding the matter. It also noted that no final or binding decision had been made in the case and that the party concerned was thus at liberty to choose the forum (the court of his choice). The High Court further noted that it had to pass orders in the case on merit, since it had been entertained and reserved for orders prior to the Supreme Court making the observation.
Published – September 14, 2025 07:40 pm IST
