Orissa High Court
Dinesh Kumar Naik vs State Of Orissa on 28 August, 2000
Author: C.R. Pal
Bench: C.R. Pal
ORDER
1. Heard Shri S, S. Das, the learned counsel for the petitioner and Shri P. K. Choudhury, the learned Addl. Standing Counsel for the State.
2. This is a petition under section 438, Cr. P. C. wherein the petitioner being apprehensive of arrest in connection with Complaint Case Ho. 51 of 1999 of the Court of Chief Judicial Magistrate, Ranchi, Bihar for the alleged offences under sections 405, 409, 420, 120B, I. P. C., under section 138 of the Negotiable Instruments Act and under section 58A of the Companies Act, has prayed for anticipatory bail. All the offences alleged excepting the offence u/s. 138 of the Negotiable Instruments Act are non-bailable in nature. Shri Das submits that though the petitioner is in no way connected with the activities of the Company i. e., P. S. Moneycraft and Fintech Limited carrying on business within the territorial limit of Bihar which received the deposits and has issued the disputed cheques, he has been shown as accused in the complaint petition filed before the leathed C. J. M., Ranchi on the basis of which cognizance of the offences has been taken and warrant of arrest has been issued against the petitioner who resides at Bhubaneswar within the territorial jurisdiction of the High Court of Orissa. Shri Das submits that since the warrant issued by the learned C. J. M. Ranchi has come to the court of Executive Magistrate Bhuhaties-war, Orissa for execution, the petitioner apprehends arrest at any time by the police within the territorial limit of .the State of Orissa. Since there is no specific allegation attributing any role to this petitioner in the complaint petition, it is submitted that the petitioner be granted anticipatory bail. The learned Addl. Standing Counsel on the other hand raised objection on the ground of jurisdiction of this Court to grant anticipatory bail in a case instituted outside the State of Orissa.
3. In the above context, it may be stated that as regards grant of anticipatory bail, the place where a person apprehends arrest is the place for determining the jurisdiction of the High Court or the Court of Session, as the case may be. The relief in the shape of anticipatory bail may be granted to a petitioner if he satisfies the court that he would be arrested at a place within the territorial limits of a particular court and the apprehension is based on reasonable grounds.
4. In the instant case, the petitioner has filed this petition supported by an affidavit stating therein that he is apprehending arrest at Bbubaneswar within the State of Orissa. He has also filed certain documents to show that he was appointed by the Company's Head Office situated at Madras, as Manager, Marketing under the Director in charge of the Branch Office at Bhubanhswar. Thereafter he was made Regional Manager, Marketing and stationed at Bhubaneswar. Subsequently his designation was changed to Vice - President and stationed at Bhubaneswar. Those documents show that since his first appointment he is residing at Bhubaneswar within the jurisdiction of this Court. It has also been stated that police of Sahidnagar P. S. are searching for the petitioner and also came to the house Of the petitioner in search of him in connection with the aforementioned Complaint Case, which has given rise to his apprehension. The learned Addl. Standing Counsel could not controvert the submission that the petitioner is likely to be arrested in connection with the aforesaid complaint case within the State of Orissa.
5. In the above premises, it is directed that if the petitioner is arrested in connection with the aforementioned Complaint Case within the State of Orissa, be shall be released on bail on his executing a bond of Rs. 25.000/- (Rupees twenty five thousand) with two sureties each for the like amount to the satisfaction of the officer effecting arrest, with the condition that the petitioner shall appear befpre the learned Chief Judicial Magistrate, Ranchi in the State of Bihar within one month from the date of his arrest and move for bail before the said Court. This order shall remain in force till the appearance of the petitioner before the learned C. J. M., Ranchi or the expiry of the period of one month from the date of his arrest, whichever occurs earlier.
The Criminal Misc. Case is disposed of.
6. Crl. Misc case disposed of.