S.P. SHANTHI SWAROOP Vs. STATE OF TAMIL NADU, REP. BY ASST. COMMISSIONER OF POLICE, CENTRAL CRIMES BRANCH, MADRAS

JUDGEMENT

(1.) THE petitioners in all these applications filed under Section 438 Crl.P.C., who have been accused of commission of non -bailable offences committed beyond the territorial limits of the State of Tamil Nadu have come forward with a prayer for grant of either anticipatory bail or for interim anticipatory bail for a period limited in duration so as to enable them to move the proper High Court for getting bail or for extension of time of anticipatory bail granted earlier by this Court.

(2.) ENTERTAINING a doubt as to whether this Court has any power under Section 438 Crl.P.C. to grant anticipatory bail, irrespective of the locale of the commission of the offences, all these applications had been pooled together and a date was fixed for advancing arguments on the vital question of importance, even by inviting Members of the Bar, if any, interested in advancing arguments on this question.

(3.) LEARNED Counsel also relied upon the decisions of the various other High Courts, namely Andhra Pradesh, Bambay and Calcutta, which had taken the view in tune with the view expressed by this Court and they are: