Mohammed Rasal C vs State of Kerala - CrPC : BNSS - Anticipatory Bail - Directly Approaching HC

Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 ; Code of Criminal Procedure 1973 - Section 438 - Though the concurrent jurisdiction is conferred upon the Sessions Court and the High Court to entertain a prayer for pre-arrest bail, 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- if the practice of entertaining the applications for pre-arrest bail directly in the High Court is encouraged, and the parties concerned are not relegated to first approach the Sessions Court concerned, the High Court would be flooded with a spate of pre-arrest bail applications thereby creating a chaotic situation- In most of the States, there is a consistent practice requiring the litigant concerned to first approach the Sessions Court for seeking relief of pre-arrest bail and only in the event of denial of such relief, the litigant would be granted access to approach the High Court for seeking such relief. This is, of course, subject to just exceptions and the High Court, for reasons to be recorded, may entertain an application for pre-arrest bail directly in special/extra-ordinary circumstances -Notice issued on this aspect to the High Court of Kerala. (Para 6-10)