Transit Anticipatory Bail by Yaminee Verma @LEXCLIQ

In criminal law, the terms bail and anticipatory bail are very common. But the term transit anticipatory bail is not well known by the common citizens. Before understanding what is transit anticipatory bail, it is important to understand the difference between bail and anticipatory bail.

Bail is an important concept in the criminal procedure code which basically means short term release of the accused person who is awaiting trial by imposing some restrictions on him and on a bail bond. A bail is granted to the person after he has been arrested.

Anticipatory bail is a bail that can be obtained by a person who thinks that he might get arrested for a certain offense. The court can reject the anticipatory bail at its own discretion.

The concept of transit anticipatory bail is a concept that falls under the ambit of anticipatory bail. It is not defined under the criminal procedure code because this is a ‘judge-made law’. The term transit here stands for the action of passing through a jurisdiction. A transit anticipatory bail is granted to the someone when they are living in one state and fear that they may be arrested by the police of another state where the offense has been committed. It is granted by the court that does not have jurisdiction over the place where the offense has been committed.

The person apprehending an arrest by the police of another state has to reach the nearest high court and apply for the transit anticipatory bail application in order to travel to the other state where the suit is filed, without being arrested by the police. The court, if it thinks fit, may grant the transit anticipatory bail to the person.

Importance of Transit Anticipatory Bail

Transit anticipatory bail is a remedy provided against a transit remand order. A transit remand order is a permit by the judicial magistrate of a state given to the police to arrest the person in a different state.

The main purpose of transit anticipatory bail is to grant bail to a person so that till the time he/she reaches the appropriate court, the person will not be arrested. However, transit anticipatory bail is given only at the condition that the accused has to cooperate in the investigation. The application for transit anticipatory bail can be rejected by the court.

Limitation of time period

The transit anticipatory bail is granted for a limited time period to an individual who is likely to be arrested for an offense committed in a different jurisdiction from where the person resides. The individual has to ensure to the high court that he/she will comply with all the conditions set by the court for granting bail as there is a progress in the proceedings.

The order given by the court shall be for a reasonable time period so that the accused can surrender before the court of the appropriate jurisdiction and use other remedies as the proceedings take place.

Conclusion

The transit anticipatory bail helps the person fearing arrest to pray for anticipatory bail in a court of appropriate jurisdiction. It helps to protect the liberty of the citizens and aids in giving justice. It is important to note that the mere fact that an accused has obtained transit bail does not mean that the regular court, under whose jurisdiction the case would fall, would convert such transit bail into anticipatory bail.

Written by Yaminee Verma @LEXCLIQ

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