SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1992 Supreme(Ker) 147

MOHAMMED, THOMAS
Madhusoodan – Appellant
Versus
Supdt. of Police – Respondent


Judgment :-

Mohammed, J.

This is an application filed under S.438 of the Code of Criminal Procedure, 1973 (for short' the Code'). It came before us on a reference made by a learned single Judge. The point involved is whether this High Court has jurisdiction to grant an order of "anticipatory bail" under S.438 of the Code on the ground that the petitioner apprehends his arrest here, though the alleged offence was committed at a place situate within the territorial limits of Madhya Pradesh High Court. Bhaskaran Nambiar, J. has held in C.I. Mathew v. Govt. of India, (1984 KLT942) that the court within whose limits the arrest -is apprehended has also jurisdiction to grant the order under S.438 of the Code. Pareed Pillay, J. who referred this matter to a larger bench expressed that "an authoritative decision by a Division Bench of this Court" is required in view of the different opinion pronounced by Punjab and Haryana High Court in Ravinder. mohan v. State of Punjab (1984 Crl.L.J. 714).

2. 'Facts of this case can be briefly stated thus: The petitioner is residing at Palakkad in Kerala State. He placed an order for supply of certain goods with the second respondent, who is a trader at Min

















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top