IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 201 OF 2009 CRIMINAL APPLICATION NO. 201 OF 2009 CRIMINAL APPLICATION NO. 201 OF 2009 Ross Edmund Pereira ...Applicant vs. The State of Maharashtra & Anr. ...Respondents Ms.Pranali Kakade for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 16, 2009 DATED : JANUARY 16, 2009 DATED : JANUARY 16, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has filed an application for anticipatory bail. 3. It is alleged that the complaint has been filed against him at Rajkot Police Station, Gujarat, for the offences punishable under Sections 406, 420 of the IPC in connecton with C.R.No.369/2008. 4. Since the complaint is filed at Rajkot Police Station, State of Gujarat, this Court does not have - 2 - jurisdiction to entertain an application under Section 438 of the Cr.P.C. Such an application will have to be filed before the Sessions Court at Rajkot or in the High Court at Gujarat. This application, therefore, is not maintainable. 4. However, this Court can grant temporary protection to the applicant in order to enable him to make an application before the appropriate court. Under these circumstances, the applicant shall not be arrested in connection with an offence which is registered vide C.R.No.369/2008 at Rajkot Police Station, Gujarat State, for a period of 15 days. The applicant is at liberty to take out appropriate proceedings before the appropriate forum in the State of Gujarat. 5. The application is, accordingly, disposed of in the aforesaid terms. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)