Supreme Court to Decide if High Courts Can Directly Hear Anticipatory Bail Pleas Bypassing Sessions Courts

The Supreme Court has referred to a 3-judge bench the question of whether High Courts can entertain anticipatory bail pleas directly, without applicants first approaching the Sessions Court.

The issue arose from the Kerala High Court’s practice of admitting such petitions. 

The Kerala High Court Advocates’ Association (KHCAA) argued that Section 482 of BNSS confers concurrent jurisdiction and imposes no such restriction. KHCAA cited Balan v. State of Kerala (2003) to support this view.

KHCAA also noted the online case management system that exists in Kerala, which enables the High Court to access case records from trial courts with no delay or impediment.