The Supreme Court on Wednesday referred to a three-judge bench the issue of whether High Courts can directly entertain anticipatory bail applications filed without first approaching the Sessions Courts.

A 2-judge bench comprising Justice Vikram Nath and Justice Sandeep Mehta ordered that the matter be placed before a 3-judge bench.

It was in September that the present bench took up this issue in the case Mohammed Rasal C v State of Kerala after expressing disapproval of the practice of the Kerala High Court to directly entertain anticipatory bail matters. The Court expressed the view that though Section 438 of the Code of Criminal Procedure (now Section 482 of the Bharatiya Nagarik Suraksha Sanhita) confers concurrent jurisdiction on the High Courts and Sessions Courts, applicati

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