Transit anticipatory bail may be granted where arrest is reasonably apprehended and investigation is not prejudiced.

Anticipatory bail under Section 438 CrPC may be granted by the court where arrest is reasonably apprehended, even if the FIR is outside its territorial jurisdiction, so long as the relief does not prejudice the investigation. The Delhi High Court applied this settled position to a petition based on apprehended arrest over allegations linked to deletion of online URLs, intimidation and extortion, found the apprehension well founded, and held that pre-arrest protection was warranted to avoid harassment, humiliation and unjustified detention. Transit anticipatory bail was accordingly allowed, subject to cooperation with the investigation and compliance with imposed conditions.

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Issues: Whether the petitioner was entitled to transit anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, and whether the High Court had jurisdiction to entertain the request when arrest was apprehended in connection with an FIR registered outside its territorial jurisdiction.

Analysis: The petition was founded on the apprehension of arrest in connection with offences alleged to have arisen from the deletion of online URLs and related allegations of intimidation and extortion. The Court accepted the settled position that the jurisdiction to grant anticipatory bail is not confined to the court within whose territory the offence is to be investigated or tried, and that the court where arrest is apprehended may also exercise power under Section 438. On the facts, the Court found the petitioner's apprehension well founded and held that grant of bail would not prejudice the investigation. It further considered the principles governing anticipatory bail and concluded that protection was warranted to prevent harassment, humiliation, and unjustified detention.

Conclusion: The petitioner was entitled to anticipatory bail, and the request for transit protection was allowed.

Final Conclusion: The proceeding resulted in grant of pre-arrest protection, subject to cooperation with investigation and compliance with the conditions imposed by the Court.

Ratio Decidendi: A court may grant anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, where arrest is reasonably apprehended within its jurisdiction, and such relief may be granted if it does not prejudice investigation and is necessary to prevent unjustified detention.

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