Section 170 CrPC does not require routine arrest before charge-sheet filing; custody means production before court, not mandatory detention.

Section 170 CrPC does not require arrest of every accused before the police report is forwarded; "custody" in that provision means production of the accused before the court, not necessarily police or judicial custody. The Court distinguished the power to arrest from the justification for arrest, holding that arrest should not be routine where the accused has cooperated in investigation and there is no material showing risk of absconding, disobedience of summons, or obstruction of the process. On those facts, the accused could not be compelled to be taken into custody merely for acceptance of the charge-sheet, and anticipatory bail was warranted.

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Issues: Whether an accused who has cooperated in investigation can be compelled to be arrested and produced in custody as a precondition for filing of the charge-sheet under Section 170 of the Code of Criminal Procedure, 1973, and whether anticipatory bail ought to be granted in such circumstances.

Analysis: Section 170 of the Code of Criminal Procedure, 1973 does not require the investigating officer to arrest every accused at the time of forwarding the police report. The expression "custody" in that provision refers to the presentation of the accused before the court by the investigating officer and does not mean that police custody or judicial custody is invariably necessary. The distinction between the power to arrest and the justification for arrest was emphasised, and it was noted that arrest should not be made routinely where the accused has cooperated throughout investigation and there is no reason to believe that he will abscond, disobey summons, or otherwise impede the process.

Conclusion: The accused cannot be compelled to be taken into custody merely for the charge-sheet to be accepted, and anticipatory bail was warranted on the facts.

Ratio Decidendi: Section 170 of the Code of Criminal Procedure, 1973 does not impose an obligation to arrest every accused before submission of the charge-sheet; custody there means only presentation before the court, and arrest is justified only where necessary for investigation or to secure the accused's presence.

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