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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SIRAG A G – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. high court discourages bypassing sessions court for anticipatory bail applications. (Para 1 , 3) |
| 2. petitioner failed to demonstrate exceptional circumstances for direct high court approach. (Para 2) |
K.BABU, J.
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B.A.No.12050 of 2025 ----------------------------------------
Dated this the 6th day of November, 2025 O R D E R This is an application seeking anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023.
2. The petitioner has approached this Court directly for pre-arrest bail, without first approaching the Sessions Court for the said relief. The petitioner has not pleaded any exceptional circumstances that prevented him from approaching the Sessions Court concerned. In Mohammed Rasal C v. State of Kerala [Spl Leave to Appeal (Crl) No.6588/2025], the Hon'ble Apex Court has observed that though concurrent jurisdiction is conferred upon the Sessions Court and the High Court, the hierarchy of Court demands that no person seeking remedy under Section 482 of BNSS should be encouraged to directly approach the High Court. The observation of the Hon'ble Apex Court is extracted below:-
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