Kerala High Court on Direct Approach for Anticipatory Bail under BNSS: Petitioner Must First Approach Sessions Court.

Headnote:

The Kerala High Court dismissed an anticipatory bail application filed directly before it under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, holding that applicants must ordinarily first approach the Sessions Court unless exceptional circumstances are shown. While concurrent jurisdiction exists between the High Court and Sessions Court, judicial hierarchy and discipline demand adherence to procedural order. The Court, however, granted interim protection from arrest for two weeks to enable the petitioner to approach the Sessions Court for relief.

Background:

1. The petitioner, Ajas S, was accused in Crime No. 955/2025 of Kunnicode Police Station, Kollam.
2. He approached the High Court directly seeking anticipatory bail under Section 482 of BNSS, 2023, without first moving the Sessions Court.
3. No exceptional reasons were cited to justify bypassing the Sessions Court.
4. The prosecution opposed the plea, arguing that such direct filings defeat the hierarchy established under criminal procedure.

Court’s Observations:

1. The Court referred to the Supreme Court’s decision in Mohammed Rasal C v. State of Kerala [SLP (Crl) No. 6588/2025], which clarified that while concurrent jurisdiction exists, direct filing in the High Court should not be encouraged.
2. The Apex Court emphasized that petitioners must first seek anticipatory bail from the Sessions Court, maintaining judicial discipline and hierarchy.
3. The Kerala High Court found that the petitioner had not pleaded any “exceptional circumstances” warranting direct invocation of High Court jurisdiction.
4. Consequently, the application was dismissed but temporary protection from arrest for two weeks was granted to allow the petitioner to approach the Sessions Court.
5. The Sessions Judge was directed to consider any subsequent bail application independently, without being influenced by this interim order.

Legal Provisions Discussed:

1. Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Power to grant anticipatory bail (formerly Section 438 CrPC).
2. Judicial Hierarchy Principle: High Court should not ordinarily be approached directly when a competent lower forum exists.

Citation: 2025:KER:81743

Case: Ajas S v. State of Kerala

Court: High Court of Kerala at Ernakulam

Coram: Justice K. Babu

Date of Decision: 30 October 2025

Bail Application No.: B.A. No. 12189 of 2025