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2026 Supreme(Online)(Ker) 31326
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Irshad K. T – Appellant
Versus
State Of Kerala – Respondent
BAIL APPL. NO. 2711 OF 2026
Advocates:
For the Appellants/Petitioners: Jeswin P. Varghese
For the Respondents: M.C. Ashi
For the Appellants/Petitioners: Jeswin P. Varghese
For the Respondents: M.C. Ashi
An application for pre-arrest bail should typically be filed before the Sessions Court first, unless exceptional circumstances warrant a direct invocation of the High Court's jurisdiction.
Headnote:The petitioner filed an application for anticipatory bail directly before the High Court, bypassing the Sessions Court, without demonstrating any exceptional circumstances. The Court determined that such applications must ordinarily originate at the Sessions Court level absent compelling reasons. The central issue was the maintainability of a direct bail application in the High Court without first exhausting the remedy before the lower court. The court reasoned that in the absence of exceptional circumstances, the petitioner must seek relief before the appropriate Sessions Court first. The bail application was dismissed with leave to approach the Sessions Court within two weeks, with interim protection granted against arrest during that period.
ORDER
The applicant has approached this Court with an application for pre-arrest bail without first approaching the Sessions Court. No exceptional circumstances have been canvassed.
Hence, this bail application is dismissed with liberty to the applicant to approach the Sessions Court within a period of two weeks. Till then, the applicant shall not be arrested.
