Territorial nexus governs anticipatory bail jurisdiction, and protection must be confined to the relevant State.

Anticipatory bail jurisdiction under Section 438 of the Code of Criminal Procedure depends on the territorial nexus between the apprehended arrest and the alleged offence, not on the applicant's place of residence. The High Court of the State where the offence is alleged to have been committed is competent to grant such relief, and the High Court where arrest is sought may also act, but the protection must be confined to arrests within that State. A blanket restraint on arrest throughout India is not permissible because it may create conflicting orders. The operative effect is that anticipatory bail may issue only with corresponding territorial limitation.

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Issues: Whether the High Court has jurisdiction to grant anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 when the alleged offence was committed outside its territorial limits, and whether the applicant's place of residence determines such jurisdiction.

Analysis: Anticipatory bail is a pre-arrest remedy intended to protect personal liberty against threatened arrest in respect of a specified offence. The jurisdiction to grant such relief is linked not to the applicant's residence alone but to the territorial nexus between the apprehended arrest and the offence for which arrest is sought. The Court held that the High Court of the State in which the offence is alleged to have been committed is competent to grant anticipatory bail, and the High Court of the State in which arrest is sought to be effected may also exercise jurisdiction, but in that event the relief must be confined to arrests within that State. To avoid conflicting orders, the relief cannot operate as a blanket protection from arrest throughout India. Residence of the applicant is not the governing factor.

Conclusion: The High Court has jurisdiction to grant anticipatory bail in a proper case where the apprehended arrest has territorial nexus with the State, but the protection cannot extend beyond that State unless the offence itself is alleged to have been committed within its jurisdiction. The applicants were granted relief limited to arrest within the State.

Ratio Decidendi: Jurisdiction under Section 438 of the Code of Criminal Procedure, 1973 is founded on the territorial nexus of the apprehended arrest and the alleged offence, not on the applicant's residence; anticipatory bail may be granted only with a corresponding territorial limitation to prevent conflicting orders.

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