Does an accused apprehending arrest or arrested already have an unfettered option to approach this Court under Section 438 or 439, Cr. P.C. ? Cannot this Court in the interests of justice, expediency and convenience insist, (re)introduce and enforce compliance with the salutary and accepted rule of procedure that where two fora have concurrent powers the forum lower in the hierarchy must be approached before the doors of the superior one are knocked ? These interesting questions arise for determination in these Crl. MCs.

The facts scenario is simple. Crl. M.C. 3265 of 2003 is an application for anticipatory bail under Section 438, Cr. P.C. The accused apprehends arrest in a crime registered under Sections 498-A and 306, I.P.C. Crl. M.C. 3391 of 2003 is a petition for regular bail under Section 439, Cr. P.C. where the accused has already been arrested on 4-4-2003 on the allegation that he has committed offences punishable under Section 55(a) of the Kerala Abkari Act.

As this Court sitting as the vacation Court entertained doubts about the desirability of approving the course adopted in many cases that came up for consideration of the accused approaching this Court directl