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Issues: Whether transit anticipatory bail or interim protection should be granted to enable the applicant to approach the competent court for anticipatory bail, and whether the application was bona fide and maintainable in the circumstances.
Analysis: Section 438 of the Code of Criminal Procedure, 1973 permits pre-arrest bail where there is a reasonable apprehension of arrest for a non-bailable offence, but the remedy remains discretionary and must be exercised with circumspection. Where the FIR is registered outside the territorial jurisdiction of the Court approached, the Court must be satisfied that the applicant is a genuine resident within its local limits and that the application is not a device to create jurisdiction or delay the process of law. On the facts, the applicant had evaded arrest, the investigation had not resulted in apprehension, and the applicant was not willing to surrender or join investigation even if protection were granted. The Court found the request for protection only to gain time and to be without bona fide basis.
Conclusion: Transit anticipatory bail was declined and the application was dismissed.
Ratio Decidendi: Transit anticipatory bail is a discretionary pre-arrest remedy that may be refused where the applicant does not show bona fide residence within the Court's jurisdiction and the request appears to be a jurisdiction-creating device or an attempt to evade arrest.
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