The Secretary of the Kerala High Court Advocates Association, on October 16, 2025, received a resolution from 165 advocates requesting that the matter of anticipatory bail applications being entertained directly by the High Court under Section 482 of the BNSS Act be placed before the General Body of the Kerala High Court Advocates Association for urgent consideration.
The resolution addressed concerns arising from the Supreme Court’s order dated 8 September 2025, which issued notice to the Kerala High Court concerning the direct entertainment of anticipatory bail applications under Section 482 of the BNSS Act, even when the accused had not first approached the concerned Sessions Court. The Supreme Court also appointed an amicus curiae to examine whether High Courts can entertain such applications without prior recourse to the Sessions Court. To this the resolution referred to Balan v. State of Kerala, 2003 KHC 1141, and noted that Section 438 CrPC grants both the High Court and Sessions Courts concurrent powers to grant pre-arrest bail, and highlighted that the statistics submitted to the Supreme Court on anticipatory bail applications may not reflect the actual situation.
The Advocates also stated that the High Court and Sessions Courts have concurrent authority to entertain anticipatory bail applications under Sections 438 and 439 of the Criminal Procedure Code, 1973, and it is not necessary for the accused to first approach the Sessions Court even after the enactment of the BNSS Act, 2023. They also raised concerns that the Supreme Court’s intervention could amount to judicial overreach, potentially undermining the powers granted to the High Court. The lawyer fraternity as their resolution stated, had a duty to ensure the Supreme Court is accurately informed of the applicable law. Lastly, the Advocates also requested that the Kerala High Court Advocates Association be added in the proceedings and represented by competent senior counsel to properly present the legal position and defend the existing framework.