The Supreme Court of India clarified that applications for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, should first be filed before the Sessions Court, rather than directly before the High Court. The Bench comprising Hon’ble Justice Vikram Nath and Hon’ble Justice Sandeep Mehta emphasized that allowing direct High Court filings would lead to a chaotic influx of applications, defeating the purpose of judicial hierarchy and procedural efficiency.
The Court made absolute its earlier interim protection granted to Mohammed Rasal C. and another petitioner, while underscoring that they must cooperate fully during the investigation and trial. It also stated that the State or trial Court could seek recall of the protection if the trial is unnecessarily delayed.
Further, the Supreme Court issued notices to the Kerala High Court through its Registrar General and appointed Senior Advocate Sidharth Luthra as Amicus Curiae assisted by Mr. G. Arudhra Rao, Advocate to assist in the matter.
The next hearing is scheduled for October 14, 2025, focusing solely on this procedural issue.
Appearances:
For Petitioner(s) : Mr. K. Rajeev, AOR; Mr. Shinoj K.Narayanan, Adv.; Ms. Niveditha R Menon, Adv.; Ms. Aditya Verma, Adv.; Mr. Tarun Kumar, Adv.
For Respondent(s) : Mr. Harshad V. Hameed, AOR; Mr. Dileep Poolakkot, Adv.; Mrs. Ashly Harshad, Adv.; Mr. Anshul Saharan, Adv.
