The Kerala High Court dismissed an anticipatory bail application, upholding the hierarchy of courts for pre-arrest bail.
The accused sought bail directly from the High Court without first approaching the Sessions Court and did not plead any exceptional circumstances to justify the same.
The High Court considered the Supreme Court’s recent directive in Mohammed Rasal C v. State of Kerala[1], which emphasized that while both the Sessions Court and High Court can entertain pre-arrest bail petitions, proper judicial protocol demands applicants first move the Sessions Court.
The Bench comprising Justice K. Babu endorsed the Supreme Court’s dictum and held that hierarchy must be respected unless compelling urgency or special grounds are present.
The anticipatory bail application was rejected outright for procedural impropriety.
Appearances:
For the Petitioner: T.K. Biju (Manjinikara), Annie M. Abraham, Kurien Biju, Advs.
For the Respondent-State: M.K. Pushpalatha, Public Prosecutor
[1] SLP (Crl) No.6588/2025
