T MADHUSOODAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This is an application filed under S.438 of the Code of Criminal Procedure, 1973 (for short 'the Code'). It came before us on a reference made by a learned single Judge. The point involved is whether this High Court has jurisdiction to grant an order of "anticipatory bail" under S.438 of the Code on the ground that the petitioner apprehends his arrest here, though the alleged offence was committed at a place situate within the territorial limits of Madhya Pradesh High Court. Bhaskaran Nambiar, J. has held in C. I. Mathew v. Govt. of India, ( 1984 KLT 942 ) that the court within whose limits the arrest is apprehended has also jurisdiction to grant the order under S.438of the Code. Pareed Pillay, J. who referred this matter to a larger bench expressed that "an authoritative decision by a Division Bench of this Court" is required in view of the different opinion pronounced by Punjab and Haryana High Court in Ravinder Mohan v. State of Punjab ( 1984 CriLJ 714 ).

(2.) Facts of this case can be briefly stated thus: The petitioner is residing at Palakkad in Kerala State. He placed an order for supply of certain goods with the second respondent, who is a trader at Mandasaur (Indore District in Madhya Pradesh), through a commission agent. The goods were found badly damaged when they reached Palakkad. Though the damage was reported to the second respondent, he requested the petitioner to take delivery of the goods and secured necessary endorsement from the Bank at Mandasaur. Pursuant thereto, delivery was effected after incurring an expense of Rs.15,000/-. But second respondent issued a notice to the petitioner claiming a sum of Rs. 1,50,000/- towards value of goods and damages. He sent a reply thereto repudiating the claim and at the same time narrating the facts which are true, according to him. But second respondent filed a complaint before Chief Judicial Magistrate, Mandasaur for offences under S.406 and 420 of the Indian Penal Code with the petitioner as accused. Chief Judicial Magistrate, Mandasaur, took cognizance of the offences and issued warrant of arrest against the petitioner. This application is filed by the petitioner as he apprehends that he would be arrested here.

(3.) S.438 of the Code consists of three sub-sections. First sub-section reads thus: