Kerala High Court: Magistrates Cannot Deny Bail Solely Because Case Is Being Committed to Sessions Court

The Kerala High Court has ruled that committal courts (magistrate courts transferring cases to sessions courts) must promptly consider bail applications and cannot refuse them solely because the case is being committed to a higher court.

The court emphasises that accused individuals have a right to seek bail at every stage, and procedural delays should not deny this right.

The court cited Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and constitutional guarantees of personal liberty, directing magistrates to decide bail pleas on merits without unnecessary adjournments. 

This ensures timely justice and prevents prolonged pre-trial detention.

[Vishnu v State of Kerala]