TMI Blog1983 (10) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... he be released on anticipatory bail. Along with his application he has produced copies of the complaint and the F.I.R. sent by the police to the Jurisdictional Magistrate (Judicial First Class Magistrate, Cannanore). The complaint of Mr. Menon is that Dr. Naidu, who had obtained from him a sum of ₹ 25,000/- on the assurance that he would secure a house-site to him in Bangalore City, had cheated him in the matter and, therefore, was liable to be proceeded against. 3. The learned State Public Prosecutor raised a preliminary objection to consider the petitioner's claim on merits. According to him, this Court having no jurisdiction over Cannanore Police, it cannot grant anticipatory bail so as to operate on them. He argues, if at a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence. But as observed in Gurbaksh Singh Sibbia v. State of Punjab 1980CriLJ1125 anticipatory bail order becomes effective at the very moment of arrest i.e. the place where the police or the other authority proposing to arrest the person lay their hands on him. As further observed in that case the direction under S. 438 is intended to confer conditional immunity from this touch or confinement . 7. Section 48 of the Code says that a police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India . 8. The question is, cannot a person thus pursued by the police of another State seek anticipatory bail under S. 438 in the High Court or the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d or is at all possible. It is in order to meet such situations, though not limited to these contingencies, that the power to grant anticipatory bail was introduced into the Code of 1973 . 11. Also a beneficial provision like S. 438 of the Code is required to be considered in favour of the citizen. There is nothing in the provision suggesting that it is only the High Court or the Court of Session, within whose jurisdiction the case is registered, that can grant bail. The view that any person apprehending arrest, in the circumstances referred to in Section 438, can seek bail in the court, within whose jurisdiction he ordinarily resides, cannot be said to be opposed to the principle underlying this provision. I am also of the view that thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thwith and the question of bail should be re-examined in the light of the respective contentions of the parties. The learned State Public Prosecutor, in the instant case, was right in his submission that without instructions it may not be possible for the Public Prosecutor, not in the know of things, to make his submissions in the matter. And to direct the local Public prosecutor to obtain instructions from the investigating authority concerned stationed far away in another State may not, in many cases, serve any useful purpose and may put all concerned in some cases, to great inconvenience also. In order to avoid these complications I feel that an anticipatory bail order of limited duration can be made in favour of the petitioner with a di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th a surety in a like sum to their satisfaction. The petitioner is directed to approach the appropriate Court in Kerala State within 20 days from the date of his arrest by the Cannanore police. In case he makes any such application within the time referred to above this order of anticipatory bail will be in force till such time as that court passes an order. In case the petitioner does not make any such application this order ceases to be in force thereafter i.e. from the 21st day of his arrest. He is also directed to appear before the Cannanore police if and when he is required in connection with this case. He will not interfere with their investigation and he will also not leave this country without the prior permission of this Court as l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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