Anticipatory bail powers are limited to lawful conditions; prior notice before arrest cannot be judicially mandated.

In anticipatory bail proceedings, the Court's power under Section 438 of the Code of Criminal Procedure, 1973 is confined to granting or refusing bail and imposing only lawful conditions. It cannot direct the investigating agency to issue prior notice before arrest, because such a requirement is not contemplated by the statutory scheme and would intrude on the agency's lawful power of arrest. The Delhi High Court therefore held that a three-working-days notice direction was unsustainable and set aside the impugned order.

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Issues: Whether the Court, while dealing with an application for anticipatory bail, can direct the investigating agency to issue notice prior to arrest.

Analysis: The provisions governing arrest under the Code of Criminal Procedure, 1973 confer statutory powers on the investigating agency, while Section 438 of the Code enables the Court only to grant or refuse anticipatory bail and to impose conditions permitted by law. The reasoning adopted from the settled law was that the Court cannot travel beyond the statutory framework by adding a requirement of prior notice before arrest, as such a direction is not contemplated by Section 438 and would intrude upon the lawful power of arrest.

Conclusion: The Court held that no such power exists and the direction requiring three working days' notice before arrest was unsustainable. The impugned order was set aside in favour of the petitioner.

Ratio Decidendi: In proceedings under Section 438 of the Code of Criminal Procedure, 1973, the Court may grant or refuse anticipatory bail and impose only lawful conditions; it cannot direct the investigating agency to issue notice prior to arrest.

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