[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-IV]

Q.16 Is the fact that the accused is holding high position and wielding considerable influence which may place the investigating agency in a disadvantageous position in eliciting more useful information, a relevant fact to refuse anticipatory bail ?

Ans. Yes. (Vide State of A.P. v. Bimal Krishna Kundu – (1997) 8 SCC 104 = AIR 1997 SC 3589 – M. K. Mukherjee, K. T. Thomas - JJ).

Q.17 Can anticipatory bail be refused if the applicant is an absconder/proclaimed offender in terms of Section 82 Cr.P.C. ?

Ans. Yes. (Vide para 14 to 16 of State of M.P. v. Pradeep Sharma – (2014) 2 SCC 171 – P. Sathasivam – CJ, Ranjan Gogoi - J).

Q.18 Is it not open to the Court while dismissing the application for anticipatory bail as premature, to direct that prior notice shall be given to the accused before arresting him ?

Ans. No. The Court cannot interfere with the power of investigation of the authorities (Vide para 22, 36 to 38 of Union of India v. Padam Narain Aggawal – (2008) 13 SCC 305 – C. K. Thakker, D. K. Jain - JJ). But, an order in terms of Section 41 A Cr.P.C. which was inserted with effect from 01-11-2010 can be passed by the Court.

Q.19 Cannot the Court while dismissing the application for anticipatory bail, give a direction to the Investigating Officer to arrest the petitioner within 24 hours ?

Ans. No. That is a matter within the province of the Investigating Officer (Vide para 2 of D. Prabhakaran v. Inspector of Police – (2005) 12 SCC 399 – Y. K. Sabharwal, D. M. Dharmathikari - JJ). A person whose petition for grant of anticipatory bail has been rejected may or may not be arrested by the Investigating Officer depending upon the facts and circumstances of the case, nature of the offence, the background of the accused, the facts disclosed in the course of investigation and other relevant factors (Vide para 15 and 16 of M.C. Abraham v. State of Maharashtra – (2003) 2 SCC 649 – N. Santhoish Hegde, B. P. Singh - JJ).

Q.20 Can the order for anticipatory bail can be cancelled and if so, on what grounds ?

Ans. Anticipatory bail granted by the Sessions Court can be cancelled by that Court or by the High Court Section 439 (2) Cr.P.C. Generally speaking, the grounds for cancellation of bail are interference or attempt to interfere with the due course of justice or abuse of the concession granted to the accused or when the order for anticipatory bail is perverse (Vide para 13 of Padmakar Tukaram Bhavangare v. State of Maharashtra – (2012) 13 SCC 720 – Aftab Alam, Ranjana Prakash Desai - JJ).