N SURYA PRAKASH RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner who is A-1 in the Crime Number 95/2001 at Omega Police Station in Maharashtra State and the petitioners who are A-2 and A-3 in the Crime Number 827/ 2000 of Tilaknagar Police Station at New Delhi in both the above petitions respectively seek anticipatory bail.

(2.) Notwithstanding the cleavage of opinion expressed by various High Courts in the country, conscious of the fact that a Division Bench of this Court very recently in Mathews Peter v. State of Maharashtra adverted to the same and adjudicated the baffling question that it is the place of offence is the criterion that determines the jurisdiction for moving an anticipatory bail but not the place of residence of the seeker and the said Judgment being a binding precedent, the petitioners now limited their prayer to an ad interim anticipatory bail for a limited period so as to enable them to approach the appropriate High Courts.

(3.) A short but seminal question that falls for determination is as to whether an interim anticipatory bail can be granted to the petitioners herein for a limited period while directing them to approach the appropriate Court seeking anticipatory bail.