The Supreme Court has expressed concern over the Kerala High Court’s practice of entertaining anticipatory bail applications directly, bypassing the sessions court.
Justices Vikram Nath and Sandeep Mehta observed that this undermines the hierarchy established under the CrPC and BNSS.
The bench warned that skipping the sessions court stage may prevent crucial factual evidence from being placed on record.
To examine the issue, the Court appointed Senior Advocate Sidharth Luthra as amicus curiae and issued notice to the Kerala High Court’s Registrar General. The matter will be heard again on October 14.
[Mohammed Rasal C & Anr v. State of Kerala & Anr].
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