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Judgment
6 paragraphs · 201 wordsC.S.Dias, J
The application is filed under Section 438 of the Code of Criminal Procedure, for an order of pre-arrest bail.
The petitioner apprehends arrest in an unknown crime by the Commissioner of Police Station, Gurugram, pursuant to Annexure A7 notice issued by the second respondent for allegedly committing non-bailable offences.
When the bail application came up for consideration on 2.4.2024, this Court taking note of the law laid down in Samdeep Varghese vs. State of Kerala [2010 (2) KHC 881], wherein it is held that this Court may not pass orders of pre-arrest bail in cases which are pending outside its territorial jurisdiction, but may pass an order of transit bail, directed the petitioner to approach the jurisdictional Court and work out his remedies, in accordance with law within ten days from the date of order. However, the respondents were directed not to arrest the petitioner till 11.4.2024.
As the time period fixed by this Court has already lapsed, I am of the view that nothing further survives in the bail application .
Resultantly, the bail application is dismissed without prejudice to the right of the petitioner to work out his remedies, in accordance with law.