Supreme Court to Review Anticipatory Bail Procedure

The Supreme Court announced its intent to review the prevalent practice in Kerala where litigants directly approach the high court for anticipatory bail without first applying to the sessions court. Justices Vikram Nath and Sandeep Mehta noted that this bypassing of the judicial hierarchy could lead to congestion in higher courts.

Senior advocate Sidharth Luthra, serving as amicus curiae, pointed out during the hearing that addressing the sessions court initially could alleviate the burden on high courts. He highlighted that around 80% of such cases in Kerala are directly filed at the high court, potentially undermining judicial processes.

The court emphasized the significance of a systematic approach to ensure justice access and noted the potential for a chaotic increase in high court applications. Exceptions could be made for urgent or extraordinary cases, but a structured pathway is deemed necessary for efficiency.