Jawarhar Lal Gupta, C.J. (Oral)

Is an applicant seeking bail bound to approach the Court of Sessions before he can move the High Court? Should the High Court refuse to entertain a petition under Section 438 or 439 of the Criminal Procedure Code directly unless 'eceptional circumstances' are shown? This is the core of the controversy in this case. The sequence of events leading to this 'reference' to the Division Bench may be briefly noticed.

2.A petition for the grant of anticipatory bail viz. Cr.M.C.No. 3265/2003 was filed by Usman. The applicant apprehended arrest in a case registerd under Sections 498A and 306 I.P.C. Similarly, there was another application viz. Crl.M.C. No.3391/2003. This had been filed under Section 439. The applicant had been arrested on the allegation that he was guilty of the offence punishable under section 55(a) of the Kerala Abkari Act. Both the applications were decided by a learned Single Judge of this Court vide order dated May 3, 2003. On a consideration of the matter, the learned judge had taken the view that "in respect of bail applications, 'frog leaping' cannot be permitted." While it was acknowledged that this Court had the "jurisdicti