New Delhi (PTI): 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 bother

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