Courts can give limited pre-arrest bail in FIRs from outside state: Supreme Court

The bench was of the view that an interpretation leading to an absolute bar on the jurisdiction of a Sessions Court or a High Court from granting such interim relief may lead to an anomalous and unjust consequence for bona fide applicants who may be victims of wrongful, mala fide or politically motivated prosecution.

The Supreme Court noted that it will not be possible to outline every situation that would call for such an order to safeguard the fundamental right of the applicant, and underlined that it should be exercised in “exceptional and compelling circumstances only” whereby denying it “would cause irremediable and irreversible prejudice to the applicant”.

The court also laid down the conditions to be followed while allowing interim protection, including notice to the investigating officer and public prosecutor who are seized of the FIR on the first date of the hearing.

It, however, added that “in an appropriate case”, the concerned court “would have the discretion to grant interim anticipatory bail”.

The order granting the limited relief must record reasons as to why the applicant apprehends an inter-state arrest and the impact of such protection on the status of the investigation.

The judgement added that the applicant must also satisfy the court regarding his inability to seek anticipatory bail from the court which has the territorial jurisdiction, whether it be the apprehension of threat to life or personal liberty in the jurisdiction where the FIR is registered, apprehension of arbitrariness or medical reasons.

The SC also cautioned that this may lead to a situation where the accused would choose the court of their choice for interim protection and said that to prevent abuse, there should be “territorial connection/proximity between accused and the territorial jurisdiction of court” which he or she approaches for relief.

The ruling came in a petition in a matrimonial dispute in which the husband was granted anticipatory bail by a sessions court in Karnataka though the FIR was registered in Rajasthan.