NEW DELHI: A three-judge bench of the Supreme Court will decide whether it is the "choice of the party" to move high courts for anticipatory bail or if it is mandatory for litigants to first approach a sessions court.

On Wednesday, the top court's two-judge bench of Justices Vikram Nath and Sandeep Mehta said this matter requires to be heard by a three-judge bench and thereby referred the case.

"The matter be posted for hearing as and when the three-judge bench is constituted," said the bench.

In this case, the apex court had already appointed senior lawyer Siddharth Luthra as an amicus curiae (Friend of the Court) to assist the court in the matter.

On September 8, the top court had expressed concern over a "regular practice" at the Kerala High Court, which entertained anticipatory bail pleas without asking the person to first approach the sessions court. SC pointed out that this did not happen in any other court.