TMI Blog2014 (1) TMI 1931X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the person is accused. In the case of N.K. Nayar [ 1985 (3) TMI 317 - BOMBAY HIGH COURT ], the Division Bench of the Bombay Court has held that if the arrest is likely to be affected within the jurisdiction beyond High Court, then the concerned person may apply to the High Court for anticipatory bail even if the offence is committed in some other state. However, the Division Bench in the said case while exercising power under Section 438 of the Code, granted anticipatory bail for a period of one month so as to enable the applicants to move appropriate Court. Thus, the Division Bench of this Court has considered the gravity of pre-trial arrest and loss of liberty of an individual if a person is likely to be falsely implicated in any ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the point of maintainability of this application for anticipatory bail, objection is raised from the prosecution. 3. The learned counsel has submitted that in view of section 438 of the Code of Criminal Procedure, there is no impediment for a person to seek relief under the said Section to any High Court, even if an offence is not registered in its jurisdiction. A citizen may approach any High Court for anticipatory bail even if he/she apprehends arrest in other State and if he/she is resident of other State. The learned counsel for the applicant accused in support of his submissions on the maintainability relied on the following judgments:- i) Navinchandra N Majithia, vs. State of Maharashtra reported in AIR 2000 sc 2966. ii) Jod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gnity enshrined under the Constitution of the country. So any Court at places where offender apprehends arrest including Sessions Court has territorial competence to pass orders and grant anticipatory bail under Section 438 of the Code. However, Single Judge of Kerala High Court in C.T. Mathew's case (supra)and the Single Judge of Gujarat High Court in the case of Neela J. Shah (supra), have taken different view that the anticipatory bail application should be finally decided only by the Court within whose territorial jurisdiction, the alleged offence has been committed. 6. Similar view is taken by the Full Bench of Patna High Court, in the case of Syed Zafrul Hassan (supra) and held that Section 438 of the Code does not permit grant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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