Successive anticipatory bail petition barred after withdrawal with undertaking to surrender; custodial interrogation also justified refusal.

A second anticipatory bail petition filed after withdrawal of an earlier petition, where counsel had undertaken that the petitioner would surrender within ten days, was held not maintainable when no justification was shown for non-compliance. The Court distinguished successive anticipatory bail petitions from successive regular bail petitions and treated the earlier withdrawal with undertaking as a material bar against re-agitation. On merits, anticipatory bail was also declined because the FIR alleged that the petitioner was the main accused, had threatened the complainant, and had used a forged affidavit to falsely implicate him, making custodial interrogation necessary.

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Issues: Whether a second anticipatory bail petition was maintainable after withdrawal of the earlier petition with an undertaking to surrender, and whether anticipatory bail was otherwise warranted on merits.

Analysis: The earlier anticipatory bail petition had been withdrawn after counsel stated that the petitioner would surrender within ten days. Instead of honouring that undertaking, the petitioner filed a fresh anticipatory bail petition without any justification for non-compliance. The Court held that successive anticipatory bail petitions stand on a different footing from successive regular bail petitions, and a second anticipatory bail petition filed in these circumstances was not maintainable. On merits, the FIR disclosed that the petitioner was the main accused, had allegedly pressurised and threatened the complainant, and was said to have used a forged affidavit to implicate the complainant falsely. In view of these allegations, custodial interrogation was found necessary.

Conclusion: The second anticipatory bail petition was not maintainable and was rejected on merits as well.

Ratio Decidendi: A successive anticipatory bail petition filed after withdrawal of the earlier petition pursuant to an undertaking to surrender, without compliance or justification, is not maintainable, and anticipatory bail may be refused where custodial interrogation is found necessary on the allegations disclosed.

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