TMI Blog1984 (9) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... s that when offence are alleged to be committed in two States, the High Courts in both the States have the necessary power to grant anticipatory bail. The Punjab and Haryana High Court has in Ravinder Mohn v. State of Punjab (1984 Crl. L.J. 714) expressly dissented from the Calcutta view and held that as bail is, in respect of an offence, only the High Court within whose jurisdiction the offence is committed has jurisdiction under section 438 of the Code of Criminal Procedure. The Madras High Court in such cases grants only interim relief directing the applicant to move the appropriate court within, a specified time for bail under this section. 2. After hearing the learned counsel for the petitioners in the two cases and Sri Chettur Sankaran Nair, the learned Public Prosecutor for the State, and in the light of the leading decision of the Supreme Court on the subject in Gurbaksh Singh v. State of Punjab (AIR 1980 SC 1632), it is not necessary to take the very wide view that' residence of the applicant will furnish the clue for the exercise of jurisdiction to grant anticipatory bail or the restricted view that the place of the commission of the offence alone will invest the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o any place in India (Section 48). The person arrested has to be produced before the nearest Magistrate, without unnecessary delay and cannot be detained in custody for more than twenty four hours unless there is a order for remand under section 167 of the Code (Section 57). Similarly when a warrant of arrest is executed outside the district in which it is issued, the person arrested will have to be produced before the nearest Magistrate in that area (Section 80). In making the arrest, the police officer shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action (Section 46). Bail can be granted by the Magistrate before whom the accused is produced after arrest. It is the arrest that gives jurisdiction to grant bail, 7. Anticipatory bail, as it is commonly understood, a power expressly conferred under section 438 of the Code, prevents arrest and directs a release if arrested, of course, subject to certain conditions that may be imposed. In the leading case on the subject, Gurbaksh Singh v. State of Punjab (AIR 1980 SC 1632), tracing the history of the legislation, and elaborately considering the object and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... care to specify the offence or offences in respect of which alone the order will be effective. The power should not be exercised in a vacuum. 8. Section 438 of the Code thus provides that any person who has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, may apply to the High Court or the Court of Session and the Court may, if it thinks fit, direct that in the event of arrest, he shall be released on bail. 9. Three significant facts converge in the jurisdictional aspect for anticipatory bail. (1) The crisis of arrest of the applicant; (2) The concern of the higher courts to ensure freedom of arrest in the interest of justice; and (3) The care and caution exercised in the discharge of this duty. 10. If arrest is sought to be prevented, the place where the arrest is effected gives reasonable nexus for the exercise of jurisdiction under Section' 438. The court, whether it is the High Court or the Sessions Court, within whose jurisdiction the arrest is sought to be effected can naturally have jurisdiction to decide whether it thinks fit to grant anticipatory bail. The arrest is made with reference to a crime, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - It is true that a Court takes cognizance of an offence. But in an application for bail, or anticipatory bail, the Court is concerned with the petitioner. In our view, if the petitioner resides within the jurisdiction of a particular Court his application is certainly entertainable by that Court. 14. With great respect, it is not possible to agree to this reasoning especially in view of the judgment of the Supreme Court in Gurbaksh Singh v. State of Punjab (AIR 1980 SC 1632) where their Lordships have clearly held that the anticipatory bail is a pre arrest legal process closely linked with an offence or crime. 15. The Delhi High Court in Pritam Singh v. State of Punjab (1980 Cri LJ. 1174) did not refer to the Calcutta decision but held, the petitioner is apprehending arrest at Delhi, prima facie, therefore, this court has jurisdiction to grant him not only interim bail but to confirm the same with the purview of section 438 of the Crl. P.C. Though the Delhi High Court notes that the offence was committed in the State of Punjab and the petitioner was residing in Delhi, the conclusion was based on the apprehension of arrest in Delhi. 16. The Karnataka High Court has in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also assured full co-operation with the investigation. Curiously enough, the Inspector of Police C.I.D. West Bengal, attached to the office of the Deputy Inspector General of Police, refused the registered letter as seen from the endorsement of the postal department, Refused by C.I.D. Office . He therefore apprehends that he may be arrested for these offences. 19. It is unfortunate that the Inspector of Police, C.I.D. Calcutta refused the registered letter sent by the petitioner. It is difficult to appreciate his conduct. A police officer cannot shrink from information and shirk from responsibility. There can be no communication gap between the police and the public and a sleeping cop is unknown to the police force. 20. In the circumstances, disclosed and in the interest of justice, I direct that the petitioner, if arrested, within this State shall be released on bail on his furnishing a bond for Rs. 2000/- and two solvent sureties for like amounts to the satisfaction of the Chief Judicial Magistrate, Emakulam. He shall be available for interrogation by the Police at Emakulam and shall also answer all interrogations if any, served on him by the West Bengal Police. He shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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