Anticipatory bail remains maintainable after arrest warrants, with parity and limited allegations supporting pre-arrest protection.

Anticipatory bail under Section 438 CrPC remains maintainable even after arrest warrants are issued, because the warrant does not by itself extinguish the statutory remedy. On the facts, pre-arrest protection was granted where the applicants stood on the same footing as a co-accused already enlarged on bail and were alleged to be medicine suppliers acting under work orders. The court treated the limited nature of the alleged loss and the parity with the co-accused as supporting factors for granting anticipatory bail, subject to standard conditions.

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Issues: (i) Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 remains maintainable after issuance of arrest warrants. (ii) Whether the petitioners were entitled to anticipatory bail on the facts of the case.

Issue (i): Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 remains maintainable after issuance of arrest warrants.

Analysis: The prior view relied upon held that anticipatory bail is not rendered unavailable merely because the Magistrate has taken cognizance and issued warrants of arrest. The issuance of a warrant, by itself, does not extinguish the statutory remedy under Section 438.

Conclusion: The application for anticipatory bail remained maintainable notwithstanding issuance of arrest warrants.

Issue (ii): Whether the petitioners were entitled to anticipatory bail on the facts of the case.

Analysis: The petitioners stood on a similar footing to a co-accused who had already been granted anticipatory bail. It was also noticed that they were suppliers of medicine pursuant to work orders, and the alleged loss to the Government was limited in amount. On these facts, grant of pre-arrest bail was found .

Conclusion: Anticipatory bail was granted to the petitioners.

Final Conclusion: The petitioners obtained pre-arrest protection, subject to standard conditions, and the proceeding was finally disposed of by allowing the bail application.

Ratio Decidendi: Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 remains maintainable after issuance of arrest warrants, and may be granted where the facts justify pre-arrest protection, including parity with a co-accused.

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