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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SURESH VASUDEV – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. application for anticipatory bail under section 482 without prior sessions court approach. (Para 1) |
| 2. court underscores need for hierarchy and exceptional circumstances. (Para 2 , 3) |
| 3. protection from arrest granted for three weeks. (Para 4) |
ORDER
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:-
“6. We find that in this case, the petitioners had approached the High Court directly for pre-arrest bail under Section 482
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