Case:- SREEJA D G & ORS. vs ANITHA R. NAIR & ANR.
Citation:- SLP (Crl.) – 6677/2025
Date:- 04.09.2025
Supreme Court Bench:- JUSTICE J.K. MAHESHWARI & JUSTICE VIPUL M. PANCHOLI
The Hon’ble Supreme Court criticized the Hon’ble Kerala High Court for ‘judicial impropriety’ in modifying bail conditions while its anticipatory bail order was already under challenge before the Supreme Court.
Key Takeaways:-
- In this case, The accused had earlier been granted anticipatory bail by the Hon’ble Kerala High Court. That order was challenged before the Hon’ble Supreme Court and was still pending.
- While the case was pending in the Hon’ble Supreme Court, the accused filed another application before the Hon’ble Kerala High Court, seeking to modify bail conditions so that she could travel abroad (to Dubai for immigration purposes).
- Despite knowing that the matter was pending before the Hon’ble Supreme Court, the Hon’ble High Court allowed the modification, permitting her to travel abroad.
- The Hon’ble Supreme Court said that this conduct was wrong as once an order is under challenge before the apex court, the High Courts should not pass any order that interferes, prejudices, or makes the Hon;ble Supreme Court proceedings useless.
- As a result, the Hon’ble Supreme Court set aside the Hon’ble High Court’s order allowing foreign travel. It also issued a notice to the accused, asking why her anticipatory bail should not be cancelled for concealing facts and seeking relief from Hon’ble High Court despite the proceedings being pending in the Apex Court.
