Can anticipatory bail be filed after transit bail is granted

Dear Querist,

After an accused person is granted a transit bail he has to apply for anticipatory bail before the regular court. Then it would be the courts discretion to accept the application of anticipatory bail or not. 

In the recent toolkit case, the Bombay high court granted transit anticipatory bail. Therefore, it could be said that transit bail is a temporary relief and the accused could apply for anticipatory bail in regular court. 

In the case of Kalyan Chandra Sarkar v Rajesh Ranjan @ Pappu Yadav and Anr. The Supreme Court stated that there is a need to give reason why the bail was granted and why not particularly where the accused is charged for some serious offence.

Also, No Regular Bail could be granted When Interim Anticipatory Bail Is Granted By Higher Courts And Matter Is Pending. Recently, Hon’ble Supreme Court, in Rukmani mahato vs. state of jharkhand (S.L.P Criminal no.2411 of 2016 dt.03-08-2017) has directed Trial Courts to not grant regular bail to an accused, if he/she has already obtained an interim anticipatory bail by a superior Court and the matter is still pending before the higher Court.

Regards,

Palak