Anticipatory bail principles: grave allegations, custodial interrogation, and suppression of material facts justified cancellation of pre-arrest bail.

Anticipatory bail is an exceptional remedy and may be refused where the allegations are grave, custodial interrogation is required, and the record indicates suppression of material facts or conduct that may undermine the fairness of the investigation. On the stated facts, the FIR disclosed serious allegations of attempted forcible dispossession from inherited property, together with concealment that an interim injunction had already been set aside, criminal antecedents, and allegations of witness intimidation. Those considerations made pre-arrest bail unsustainable, and the impugned grant of anticipatory bail was set aside, with the accused required to surrender and left free to seek regular bail in accordance with law.

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Issues: Whether the grant of anticipatory bail to the accused respondents was justified in view of the gravity of the allegations, the need for custodial investigation, the criminal antecedents of the accused, the alleged suppression of material facts, and the alleged breach of bail conditions.

Analysis: Anticipatory bail is an exceptional remedy and is not to be granted routinely. The allegations in the FIR disclosed serious offences involving an alleged attempt to forcibly dispossess the complainant from inherited property, with further material indicating concealment of the fact that the interim injunction had already been set aside. The record also disclosed criminal antecedents and allegations of threatening witnesses, which reinforced the need for custodial investigation. In these circumstances, the grant of pre-arrest bail without due regard to the gravity of the case and the investigation requirements was unsustainable.

Conclusion: The grant of anticipatory bail was not justified and the relief granted to the accused respondents was liable to be cancelled.

Final Conclusion: The impugned order granting pre-arrest bail was set aside and the accused respondents were required to surrender, with liberty to seek regular bail in accordance with law.

Ratio Decidendi: Anticipatory bail should be refused where the allegations are grave, custodial interrogation is necessary, and the record shows suppression of material facts or conduct undermining the fairness of the investigation.

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