Kerala High Court granted anticipatory bail to 3286 people within 14 months: Report

NEW DELHI: The amicus curiae has submitted a report to the Supreme Court pointing out the Kerala High Court’s practice of hearing anticipatory bail applications that are filed directly there without first approaching the Sessions Court.

Between July 1, 2024, and September 1, 2025, a total of 9,215 anticipatory bail petitions were filed in the Kerala High Court. Out of these, 7,449 were filed directly without approaching the lower court first, and 3,286 of these petitions were granted anticipatory bail. The report was submitted by amicus curiae Siddharth Luthra and G. Arudra Rao.

The report noted that, as per law, the Sessions Court should be approached first for anticipatory bail and recommended that the Supreme Court issue clear guidelines on the matter. It also suggested that any exceptional circumstances allowing a direct approach to the High Court should be explicitly explained in the guidelines.

Advocate V. Chidambaresan, appearing for the Kerala High Court, said that around 80% of anticipatory bail petitions in the state are filed directly in the High Court. The case is scheduled for consideration in November.

The Supreme Court had earlier criticized this practice, noting that such a trend is not seen in any other High Court in the country. The issue came up after a POCSO case in Kerala, where the anticipatory bail petition was directly considered by the High Court.