[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]

Ans. Yes. (Vide para 2 of Kamaljit Singh v. State of Punjab 2003 supp(4) SCR 785 – Doraiswamy Raju, Arijit Pasayat - JJ; Deepak Singchi v. State of Rajashtan – (2007) 14 SCC 583 - Arijit Pasayat, D. K. Jain - JJ). In State v. Jagjit Singh AIR 1962 SC 253 – 3 Judges – K. N. Wanchoo, K. C. Das Gupta, J. C. Shah – JJ, it was observed in the last paragraph that merely because two co-accused have been granted bail is not a ground to follow suit in the case of another accused whose role is distinguishable.

Q.22 Can an order for anticipatory bail be issued to a person apprehending arrest under Rule 184 of the Defence and Internal Security of India Rules, 1971 ?

Ans. Yes, but subject to the conditions laid down in Rule 184 (Vide Balchand Jain v. State of M.P. – (1976) 4 SCC 572 = AIR 1977 SC 366 -3 Judges – P. N. Bhagwati, A. C. Gupta, S. Murtaza Fazl Ali - JJ).

Q.23 If an accused who is on anticipatory bail surrenders before the competent Court and seeks regular bail, can he be treated as in “custody” obliging the Court to decide the application on merits ?

Ans. Yes. If an accused remaining under the protecting umbrella of an anticipatory bail order, surrenders before the competent Court and seeks regular bail, he can be treated as in custody and the competent Court should decide the application for regular bail on merits. (Vide para 10 of Vinod Kumar v. State of M. P. 1999 Cri.L.J. 4364 (M.P.) – Dipak Misra – J).

Q.24 Offence committed outside the territorial limits of the High Court. The accused residing within the territorial limits of the High Court approaches the High Court seeking anticipatory bail alleging that he is apprehending arrest within the limits of the High Court. Can the High Court grant anticipatory bail?

Ans. Yes. The Court within whose jurisdiction the person apprehends arrest, has power to grant anticipatory bail under Section 438 Cr.P.C even if the alleged offence was committed within the territorial limits of another High Court. (Vide C.I Mathew v. Govt. of India 1984 KLT 942 = 1984 KHC 379 = 1985 Cri.LJ 1316 – Bhaskaran Nambiar – J, affirmed in Madhusoodan v. Supdt. of Police 1992 (2) KLT 83 = 1992 Cri.LJ 3442 (DB) – Thomas, Mohammed - JJ; Samdeep Varghese v. State of Kerala 2010 (2) KHC 881 = 2010 (3) KLT SN 39 – K. Hema - J).

Q.25 Whether the petitioner who committed non-bailable offence in Punjab and has a residence in Kerala but working in Singapore, can seek anticipatory bail from the High Court of Kerala?

Ans. No. A person who is not physically present within the jurisdiction of the High Court of Kerala cannot have any apprehension of arrest within Kerala so as to maintain an application for anticipatory bail before the High Court of Kerala. (Vide Sandeep Varghese v. State of Kerala 2010 (2) KHC 881 = 2010 (3) KLT SN 39 = ILR 2010 (3) Kerala 66 – K. Hema- J; Souda Beevi v. S.I of Police 2011 (4) KLT 52 = 2011 (3) KHC 795 = ILR 2011 (4) Kerala 79 - K.T. Sankaran - J).