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BHASKARAN NAMBIAR
C. I. Mathew – Appellant
Versus
Government of India – Respondent


Advocates:
Mr. K.C. John, Mr. K.K. John, Mr. M. Ramachandran and Mr. V. Ramachandran - For the Petitioner.
Mr. P.V. Madhavan Nambiar and Public Prosecutor - For the Respondent.

JUDGMENT

Bhaskaran Nambiar, J. - Has the High Court powers to grant anticipatory bail in respect of offence committed beyond its territorial jurisdiction? This, in short, is the question that arises for consideration in these two application.

2. The Calcutta High Court has in HR. Sinha v. State1, taken the view that the High Court within whose jurisdiction the person resides is competent to grant anticipatory bail, even though the offence is alleged to be committed outside its jurisdiction. The Karnataka High Court in K R. Naidu v. State of Karnataka2, has followed the Calcutta High Court in two decisions, Pritam Singh v. State of Punjab3 holds that when offences are alleged to be committed in two States, the High Courts in both the States have the necessary power to grant anticipatory bail The Punjab and Haryana High Court has in Ravinder Mohan v. State of Punjab4 expressly dissented from the Calcutta view and held that as bail is in respect of an offence only the High Court within whose jurisdiction the offence is committed has jurisdiction under Section 348 of the Code of Criminal Procedure. The Madras High Court in such cases grants only interim relief directing the applicant t

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