SC Expresses Concern Over Kerala HC Bypassing Sessions Court In Anticipatory Bail

The Supreme Court expressed concern over the Kerala High Court’s practice of entertaining anticipatory bail applications directly without requiring petitioners to approach Sessions Courts first. The bench observed that such bypassing of the statutory hierarchy under Section 438 of the Criminal Procedure Code undermines judicial discipline and overburdens High Courts with matters that can be effectively handled at lower forums. The Court noted that anticipatory bail provisions were designed to balance personal liberty with effective investigation, and the legislative intent clearly provides for Sessions Courts as the first forum of recourse. It cautioned that allowing litigants to approach High Courts directly erodes the role of subordinate judiciary and risks creating inequitable access, as wealthier litigants may prefer approaching higher courts for quicker relief. The observations come against the backdrop of increasing bail litigation in Kerala, where High Courts face significant case backlogs. The Supreme Court has called for corrective measures to ensure adherence to procedural hierarchy, reiterating that judicial discipline is vital for efficiency, uniformity, and maintaining litigant confidence in the justice delivery system.