A person outside India can also file anticipatory bail application - Kerala HC

Court: Justice Bechu Kurian Thomas 

The Kerala Hc recently held that a person outside India can also file an anticipatory bail application. Section 438 of the CrPC does not impose any such restriction. However, the only limitation is that the applicant should be in India prior to the final hearing.

Justice Thomas made such pronouncements while granting anticipatory bail to Vijay Babu (actor-producer) in a rape case.

During the hearing, the prosecution raised an objection regarding the maintainability of the application on the ground that the Babu was outside the country when the bail application was filed.  The Prosecutor referred to Souda Beevi and Another v. S.I. of Police and Shafi S.M. v. State of Kerala and Another wherein, it was argued that the presence of a petitioner outside the country disentitles him from pre-arrest bail.

The applicant argued that the bench in the cases referred above said that no absolute restriction has been laid down in the decisions.

Justice Thomas, therefore, observed that the only condition is that the applicant must be inside the country before the final hearing to enable the court to either impose or enforce conditions.