DHAHIR Vs. CBCID CHANGAI

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Government Pleader. The petitioner is before this court seeking anticipatory bail, apprehending his arrest by the respondent - Police, for offences punishable under Sections 409, 414, 477A read with Section 34 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity).

(2.) The learned Government Pleader, on the other hand, would raise a serious objection that admittedly, the petitioner is sought to be arrested in a pending case before a court in Tamil Nadu and since this court would have no jurisdiction over that court or the investigating authorities, it would be improper to consider the petitioner's case for anticipatory bail. Hence, without anything more, the learned Government Pleader would submit that the petition be rejected, leaving the petitioner to his remedies before some other forum. However, the learned Counsel for the petitioner would place reliance on a decision of this court in the case of L.R. Naidu vs. State of Karnataka,1984 CrLJ 475 wherein a similar situation, this court, relying on the decisions in B.R. Sinha vs. State, 1982 CrLJ 61 Pritam Singh vs. State of Punjab,1981 CrLJ 59 and Gurubaksh Singh vs. State of Punjab, 1980 AIR(SC) 1632 has pointed out that it would not be impermissible for a court of one State to grant anticipatory bail, if the petitioner resides within its jurisdiction, in respect of apprehended arrest in a case pending in some other State, without the jurisdiction of the court and seeks to place reliance on the same.