(1) This petition u/s 497-A of the Code of Criminal procedure, hereinafter to be referred to as the Code, raises an important question of the excent of the powers of the High Court and the Court of Sessions, to grant anticipatory bail to a person, against whom a case has been registered with a police station, which is situated outside the limits of their territorial jurisdiction.

(2) A criminal case under section 4G6 and 420 L P. C. has been registered against the petitioner with police station Nanakpora, New Delhi, The petitioner is a resident of village Bajarni, Tehsil Doda, a place within the territorial limits of tee State of Jammu and Kashmir. He has filed the present petition in this court for granting the anticipatory bail in exercise of its powers u/s 497-A. An objection has been taken on behalf of the state that this court has no jurisdiction to grant anticipatory bail to a person, against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. The objection is, in my opinion, well founded and must succeed. Section 497-A is, for the sake of convenience, reproduced as below:

"497-A. Direction for grant of bail to person apprehending arrest.- (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such direction in the light of the facts of particular case, as it may think fit» including-

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required ;

(ii) a condition that the person shall not, directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer :

(iii) a condition that the person shall not leave the State without the previous permission of the Court ;

(iv) such other condition as may be imposed under sub-section (2-a) of section 497 as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in-charge of a police station on such accusation and is prepared either at the time of arrest or at any. time while in the custody of such officer .to give bail, he shall be released on bail and if Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1)."

(3) In order to determine its true intent and scope, Section 497-A has to be read with a few other sections of the Code. Section 6 enumerates the classes of Criminal courts. These are;

(i) High Court ; , ,

(ii) Courts constituted under a Special Act;

(iii) Courts of Sessions; and

(iv) Courts of Magistrates,

(4) Section 6-A further classifies the courts of Magistrates into courts of Judicial Magistrates, namely, Chief Judicial Magistrate, Judicial Magistrates of the First Class, Judicial Magistrates of the Second Class, and Special Judicial Magistrates and Executive Magistrates, namely, District Magistrates, Addl. District Magistrates, Sub - Divisional Magistrates of the First Class, Executive Magistrates of the Second Class, and Special Executive Magistrates. A Sessions Judge, in terms of Section 9, exercises his jurisdiction under the Code within the limits of the sessions division, to be known as the district, for which he is appointed as a Sessions Judge. Consequently, a Sessions Judge who has ceased to be a Sessions Judge of one district, and has not beco

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