<p>New Delhi: The Supreme Court has taken exception to the Kerala High Court directly entertaining pre-arrest bail, without the accused approaching the sessions court.</p><p>"If the practice of entertaining the applications for pre-arrest bail directly in the High Court is encouraged, and the parties concerned are not relegated to first approach the Sessions Court concerned, the High Court would be flooded with a spate of pre-arrest bail applications thereby creating a chaotic situation," a bench of Justices Vikram Nath and Sandeep Mehta said. </p>.Kerala High Court grants anticipatory bail to rapper Vedan in rape case.<p>Dealing with a plea filed by Mohammed Rasal C and another, the court made as absolute an interim protection granted to the petitioners on May 5, 2025.</p><p>Having noted the petitioners directly approached the High Court in the matter without approaching the Sessions Court, the bench issued notice to the High Court through its Registrar General. The court appointed senior advocate Sidharth Luthra as amicus curiae, assisted by G Arudhra Rao, Advocate, to assist the court in this matter.</p><p>The court emphasised if the parties are required to approach the sessions court concerned for seeking remedy of pre-arrest bail, there is a strong probability that significant number of applications would be allowed at that level only thereby acting as a filtration process before the process reaches the High Court.</p><p>"Though the concurrent jurisdiction is conferred upon the Sessions Court and the High Court to entertain a prayer for pre-arrest bail under Section 482 of the BNSS (formerly Section 438 CrPC), the hierarchy of courts demands that no person seeking such remedy should be encouraged or allowed to directly approach the High Court by bypassing the jurisdiction of the concerned Sessions Court," the bench opined.</p><p>The court noted, in most of the States, there is a consistent practice requiring the litigant concerned to first approach the Sessions Court for seeking relief of pre-arrest bail and only in the event of denial of such relief, the litigant would be granted access to approach the High Court for seeking such relief. </p><p>"This is, of course, subject to just exceptions and the High Court, for reasons to be recorded, may entertain an application for pre-arrest bail directly in special/extra-ordinary circumstances," the bench said.</p><p>The court scheduled the matter for consideration on October 14, 2025.</p>
<p>New Delhi: The Supreme Court has taken exception to the Kerala High Court directly entertaining pre-arrest bail, without the accused approaching the sessions court.</p><p>"If the practice of entertaining the applications for pre-arrest bail directly in the High Court is encouraged, and the parties concerned are not relegated to first approach the Sessions Court concerned, the High Court would be flooded with a spate of pre-arrest bail applications thereby creating a chaotic situation," a bench of Justices Vikram Nath and Sandeep Mehta said. </p>.Kerala High Court grants anticipatory bail to rapper Vedan in rape case.<p>Dealing with a plea filed by Mohammed Rasal C and another, the court made as absolute an interim protection granted to the petitioners on May 5, 2025.</p><p>Having noted the petitioners directly approached the High Court in the matter without approaching the Sessions Court, the bench issued notice to the High Court through its Registrar General. The court appointed senior advocate Sidharth Luthra as amicus curiae, assisted by G Arudhra Rao, Advocate, to assist the court in this matter.</p><p>The court emphasised if the parties are required to approach the sessions court concerned for seeking remedy of pre-arrest bail, there is a strong probability that significant number of applications would be allowed at that level only thereby acting as a filtration process before the process reaches the High Court.</p><p>"Though the concurrent jurisdiction is conferred upon the Sessions Court and the High Court to entertain a prayer for pre-arrest bail under Section 482 of the BNSS (formerly Section 438 CrPC), the hierarchy of courts demands that no person seeking such remedy should be encouraged or allowed to directly approach the High Court by bypassing the jurisdiction of the concerned Sessions Court," the bench opined.</p><p>The court noted, in most of the States, there is a consistent practice requiring the litigant concerned to first approach the Sessions Court for seeking relief of pre-arrest bail and only in the event of denial of such relief, the litigant would be granted access to approach the High Court for seeking such relief. </p><p>"This is, of course, subject to just exceptions and the High Court, for reasons to be recorded, may entertain an application for pre-arrest bail directly in special/extra-ordinary circumstances," the bench said.</p><p>The court scheduled the matter for consideration on October 14, 2025.</p>