New Delhi- The Supreme Court on Wednesday 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 apex court had earlier appointed senior advocate Siddharth Luthra as an amicus curiae for assistance in the matter.

The top 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.

“One issue which in bothering us is, in the Kerala High Court there seems to be a regular practice that the high court entertains the anticipatory bail applications directly without the litigant approaching the sessions court. Why is that so?” the bench had asked.

It had said there was a hierarchy provided in the erstwhile Code of Criminal Procedure and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Section 482 of the BNSS deals with direction for grant of bail to person apprehending arrest.

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