Anticipatory bail for absconding accused is ordinarily unavailable where proclamation has been issued and investigation is unmet.

Anticipatory bail under Section 438 CrPC is intended for exceptional cases where the applicant shows a genuine apprehension of arrest on reasonable grounds. A person who is absconding or has been declared a proclaimed offender under Section 82 CrPC is ordinarily not entitled to that relief, particularly where serious offences are alleged and the accused has not cooperated with investigation. The materials noted issuance of warrants, drawing of proclamation, and lack of cooperation, which weighed against grant of anticipatory bail. The stated conclusion is that anticipatory bail was wrongly granted in such circumstances and the accused were not entitled to the protection sought.

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Issues: Whether anticipatory bail could be granted under Section 438 of the Code of Criminal Procedure, 1973 to accused persons who had absconded, were proceeded against under Section 82 of the Code of Criminal Procedure, 1973, and were facing serious charges.

Analysis: The extraordinary power under Section 438 of the Code of Criminal Procedure, 1973 is intended for exceptional cases where the applicant shows a genuine apprehension of arrest on reasonable grounds. The settled principle applied was that a person who is absconding or has been declared a proclaimed offender under Section 82 of the Code of Criminal Procedure, 1973 is ordinarily not entitled to anticipatory bail. The materials indicated that warrants had been issued, proclamation had been drawn, and the accused had not cooperated with investigation. The nature of the allegations and the seriousness of the offences also weighed against grant of the relief.

Conclusion: Anticipatory bail was wrongly granted and the accused were not entitled to the relief.

Ratio Decidendi: A person who is absconding or declared a proclaimed offender under Section 82 of the Code of Criminal Procedure, 1973 is ordinarily not entitled to anticipatory bail under Section 438 of that Code, especially where the accusation concerns serious offences and the accused has not cooperated with investigation.

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