The Supreme Court on Wednesday (November 12, 2025) referred to a three-Judge Bench the issue whether it is the “choice of the party” to move High Courts for anticipatory bail or was it mandatory for litigants to first approach a sessions court.
A Bench of Justices Vikram Nath and Sandeep Mehta said the matter be posted for hearing as and when the three-Judge Bench is constituted.
“This matter requires to be heard by a three-Judge Bench,” the Bench said.
The Supreme Court had earlier appointed senior advocate Siddharth Luthra as an amicus curiae for assistance in the matter.
The Supreme Court on September 8 had taken note of the Kerala High Court’s “regular practice” of entertaining anticipatory bail applications directly without the litigant moving the sessions court.
