Litigants Must Approach Sessions Court First for Anticipatory Bail Before High Court, Barring Special Circumstances: Supreme Court Clarifies Procedural Hierarchy Under S. 482 BNSS - 2025-09-10

Supreme Court: Approach Sessions Court First for Anticipatory Bail, High Courts Should Not Be First Port of Call

New Delhi: The Supreme Court of India, in a significant procedural directive, has affirmed that individuals seeking pre-arrest (anticipatory) bail should first approach the concerned Sessions Court before directly petitioning the High Court. A bench comprising Hon'ble Mr. Justice Vikram Nath and Hon'ble Mr. Justice Sandeep Mehta emphasized that bypassing the Sessions Court disrupts the judicial hierarchy and burdens the High Courts unnecessarily.

While granting relief to the petitioners in the specific case, the Court took the opportunity to address the "chaotic situation" arising from litigants directly approaching High Courts for anticipatory bail.

Case Background

The matter, MOHAMMED RASAL.C & ANR. vs STATE OF KERALA & ANR. , arose from a special leave petition challenging a Kerala High Court order. The petitioners had directly sought pre-arrest bail from the High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 438 of the Code of Criminal Procedure, 1973). The Supreme Court had previously granted them interim protection on May 9, 2025, which it made absolute in its final order, contingent on their full cooperation with the investigation and trial.

Court's Reasoning on Procedural Propriety

Despite settling the petitioners' bail plea, the bench dedicated a substantial portion of its order to the larger procedural issue. The Court articulated several reasons why the Sessions Court should be the primary forum for pre-arrest bail applications.

"We are of the opinion that though the concurrent jurisdiction is conferred upon the Sessions Court and the High Court... the hierarchy of Courts demands that no person seeking such remedy should be encouraged or allowed to directly approach the High Court... by bypassing the jurisdiction of the concerned Sessions Court."

The Court highlighted the practical advantages of this approach:

• Convenience and Expeditious Disposal: Sessions Courts have area-wise jurisdiction, making them more accessible and equipped for faster disposal of cases from local police stations.
• First-hand Information: The Sessions Judge has direct access to the concerned Public Prosecutor and the case diary, facilitating a "better appreciation of facts."
• Filtration Mechanism: Requiring applicants to first go to the Sessions Court acts as a crucial filtration process. A significant number of applications may be granted at this level, reducing the caseload of the High Courts.

The judgment warned that encouraging direct applications to the High Court would lead to it being "flooded with a spate of pre-arrest bail applications thereby creating a chaotic situation."

Exceptions and Future Course

The bench clarified that this procedural norm is not absolute. High Courts retain the discretion to entertain direct applications in "special/extra-ordinary circumstances," but they must record their reasons for doing so.

Observing that this was a recurring issue, the Supreme Court has taken suo motu cognizance of the matter. It issued a notice to the High Court of Kerala through its Registrar General to address this procedural practice. To ensure a comprehensive examination of the issue, the Court has appointed Senior Counsel Shri Sidharth Luthra as Amicus Curiae (friend of the court) to provide assistance.

Final Decision and Implications

The Court made the interim bail granted to the petitioners absolute, with a condition that the State or the trial court could seek its recall if the petitioners were found to be delaying the trial.

The broader issue concerning the procedural hierarchy for filing anticipatory bail applications will be heard next on October 14, 2025 . This ruling serves as a strong reminder to litigants and legal practitioners across the country to adhere to the established judicial hierarchy, reinforcing the role of the Sessions Court as the first instance for seeking pre-arrest bail.