2026 Supreme(Online)(Ker) 29441

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
NASAR T.K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2532 OF 2026|BAIL APPL. NO. 2530 OF 2026

An application for anticipatory bail before the High Court without first approaching the Sessions Court is generally not maintainable in the absence of exceptional circumstances.

Headnote:The petitioner moved the High Court for anticipatory bail under the Code of Criminal Procedure without first exhausting the remedy of approaching the Sessions Court. No exceptional circumstances were demonstrated to warrant bypassing the jurisdictional hierarchy. Consequently, the court directed the petitioner to move the lower court. The core issue was whether the High Court should entertain a bail application directly when the petitioner had bypassed the Sessions Court, in the absence of exceptional circumstances. The ratio decidendi emphasizes the necessity of adhering to the hierarchy of courts, reinforcing that primary applications for anticipatory bail ought to be heard by the Sessions Court unless compelling reasons exist. The bail applications were dismissed with liberty to the petitioner to approach the Sessions Court, subject to protection from arrest for a period of two weeks.