Transit anticipatory bail preserves personal liberty by giving temporary protection to approach the proper court for regular relief.

Transit anticipatory bail under Section 438 CrPC operates as limited pre-arrest protection for an accused who apprehends arrest in another State, allowing time to approach the competent court for regular relief. The High Court noted that the remedy supports personal liberty under Article 21 and that the absence of an express statutory definition does not prevent grant of such temporary protection. Territorial jurisdiction is not an absolute bar where immediate protection is needed, provided the court does not examine the merits of the prosecution case and directs the applicant to seek relief from the court having jurisdiction over the FIR.

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Issues: Whether the applicants were entitled to transit anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, to enable them to approach the competent court in the State where the FIR was registered.

Analysis: Transit anticipatory bail was treated as a temporary protection from arrest granted for a limited period so that an accused apprehending arrest in another jurisdiction may approach the regular court for appropriate relief. The Court noted that anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, serves the protection of personal liberty under Article 21 of the Constitution of India, and that the absence of a statutory definition of transit bail does not bar the High Court from granting limited protection. Relying on earlier decisions, the Court held that territorial jurisdiction does not create an absolute fetter on granting temporary pre-arrest protection where liberty may otherwise be imperilled, provided the accused is directed to approach the competent court without the High Court examining the merits of the prosecution case.

Conclusion: The applicants were entitled to transit anticipatory bail for four weeks to enable them to move the competent court for further relief.

Final Conclusion: Temporary pre-arrest protection was granted to preserve liberty and facilitate recourse to the court having jurisdiction over the FIR.

Ratio Decidendi: A High Court may grant transit anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, as a limited protection to enable an accused apprehending arrest in another State to approach the competent court for regular relief, even though the offence lies outside its territorial jurisdiction.

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