Anticipatory bail beyond territorial limits: limited transit protection may preserve liberty until the competent court is approached.

Section 438 CrPC is not territorially confined to the court where the FIR is registered, so a High Court or Court of Session may consider a limited anticipatory bail application even when the FIR is lodged outside its jurisdiction. Transit anticipatory bail or short interim protection may also be granted in exceptional cases to preserve personal liberty and allow the applicant to approach the competent court, but only for a fixed duration and with safeguards such as notice to the investigating officer and Public Prosecutor. The approach balances liberty, territorial discipline, and prevention of forum shopping.

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Issues: (i) whether the power under Section 438 of the Code of Criminal Procedure, 1973 can be exercised by the High Court or Court of Session in respect of an FIR registered outside its territorial jurisdiction; (ii) whether transit anticipatory bail or interim protection may be granted to enable an applicant to approach the court of competent jurisdiction.

Issue (i): whether the power under Section 438 of the Code of Criminal Procedure, 1973 can be exercised by the High Court or Court of Session in respect of an FIR registered outside its territorial jurisdiction.

Analysis: Section 438 confers a statutory remedy to a person apprehending arrest on a non-bailable accusation. The provision does not expressly confine the forum to the court within whose territorial jurisdiction the FIR is lodged. The scheme of the Code distinguishes territorial jurisdiction for inquiry and trial from the pre-arrest protection sought on the basis of apprehended arrest. A restrictive construction that ties anticipatory bail only to the place of registration of the FIR would unduly curtail personal liberty and access to justice, and may cause irremediable prejudice in appropriate cases.

Conclusion: The High Court or Court of Session is not barred from considering a limited application for anticipatory bail merely because the FIR is registered outside its territorial jurisdiction.

Issue (ii): whether transit anticipatory bail or interim protection may be granted to enable an applicant to approach the court of competent jurisdiction.

Analysis: The remedy of transit anticipatory bail or interim protection serves to protect personal liberty where immediate arrest is apprehended and the applicant cannot practically secure relief from the competent forum in time. Such relief must be exceptional and compelling, supported by reasons, and ordinarily preceded by notice to the investigating officer and Public Prosecutor. The Court may grant only limited protection for a fixed period so that the applicant can move the competent court for full relief on merits. This approach balances liberty, investigation, territorial discipline, and the avoidance of forum shopping.

Conclusion: Transit anticipatory bail or limited interim protection is permissible in exceptional cases, subject to safeguards and for a short duration to enable approach to the competent court.

Final Conclusion: The impugned anticipatory bail orders were set aside, but the accused were protected from coercive steps for four weeks to seek anticipatory bail before the court having territorial jurisdiction.

Ratio Decidendi: Section 438 of the Code of Criminal Procedure, 1973 is not territorially confined to the court where the FIR is registered, and a court may grant limited transit anticipatory bail or interim protection in exceptional cases to preserve personal liberty and access to justice, subject to notice and other safeguards.

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