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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
MIRSHAD – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. direct approach to high court without approaching sessions court is not encouraged. (Para 2) |
| 2. the petition is rejected due to lack of exceptional circumstances. (Para 3) |
| 3. temporary protection from arrest granted for facilitating approach to session court. (Para 4) |
K.BABU, J.
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B.A No.12812 of 20025 ---------------------------------------
Dated this the 28th day of October, 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 ob
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