L R NAIDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, a Medical Practitioner residing in Bangalore City, has filed this application under S. 438 of the Code of Criminal Procedure, 1973 (the Code) requesting the Court to release him on anticipatory bail.

(2.) His apprehension is that Cannanore Town Police in Kerala State, having registered a case in their Crime No. 185 of 1983 against him for an offence under S. 420 of the Indian Penal Code on the complaint of one K.P.B.C. Menon, Branch Manager, State Bank of India, Cannanore, were likely to arrest him and therefore, 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 Rs. 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 all, it is only the jurisdictional Sessions Judge and the High Court of Kerala who are competent to to consider the claim of the petitioner in the matter.