Subsequent Anticipatory Bail Plea in HC only

After the dismissal of anticipatory bail application by the High Court (HC), a petitioner cannot file a subsequent anticipatory bail application, pointing out changes in circumstances, before the Sessions Court (SC). This is what the High Court of Kerala directs in Bipin Sunny v State of Kerala [ 2023 (5) KHC 125].

In the above case, after the High Court’s dismissal of petitioner’s anticipatory bail plea, the petitioner filed a subsequent anticipatory bail application before the Sessions Court, Thrissur by suppressing the High Court’s dismissal order.

The High Court says that in order to keep judicial discipline intact, such practice cannot be allowed.

In short, if an anticipatory bail application is dismissed subsequent bail plea must be filed before the High Court only.

But nothing prevents a petitioner to file an anticipatory bail application in the Sessions Court for the first time and subsequently when circumstances change.

Further reading

Bipin Sunny v State of Kerala [ 2023 (5) KHC 125]