In an order dated September 8, 2025, the Supreme Court of India made absolute the interim protection granted to petitioners Mohammed Rasal C. and another in Special Leave Petition (Crl.) No. 6588/2025 (Mohammed Rasal C. & Anr. vs. State of Kerala & Anr.). The bench, comprising Justices Vikram Nath and Sandeep Mehta, emphasized that petitioners must cooperate fully in the investigation and trial related to Crime No. 76/2025 of Tanur Police Station, Malappuram, Kerala. If delays are caused, the trial court or state may seek recall of the order.
The Court highlighted a broader issue: the petitioners had directly approached the Kerala High Court for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, formerly Section 438 CrPC), bypassing the Sessions Court. While concurrent jurisdiction exists, the Court opined that the hierarchy demands first approaching the Sessions Court, except in extraordinary circumstances with recorded reasons. This prevents High Courts from being flooded with applications and allows a “filtration process” at the Sessions level, where judges have better access to case diaries and local prosecutors.
Notices were issued to the Kerala High Court through its Registrar General. Senior Advocate Sidharth Luthra, assisted by Advocate G. Arudhra Rao, was appointed amicus curiae. The matter is listed for October 14, 2025, solely on this procedural aspect. The ruling aligns with practices in most states and references prior cases like Kanumuri Raghurama Krishnam Raju vs. State of A.P. (2021).
Case Details: Mohammed Rasal C. & Anr. vs. State of Kerala & Anr. | Special Leave Petition (Crl.) No. 6588/2025
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