Anticipatory bail can be set aside when custodial interrogation is necessary and the accused does not cooperate with investigation.

Anticipatory bail was set aside because custodial interrogation was found necessary and the respondent had not cooperated with the investigation, including repeated non-appearance despite summons. The Court rejected the medical grounds accepted by the High Court as insufficient to justify continued protection. On that basis, the anticipatory bail order was quashed, the appeal was allowed, and the respondent was directed to surrender within three weeks, with liberty to seek regular bail thereafter.

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Issues: Whether the order granting anticipatory bail to the respondent was liable to be set aside in view of the requirement of custodial interrogation and the respondent's non-cooperation with the investigation.

Analysis: The Court found that custodial interrogation was required. It noted that the respondent had not cooperated with the investigation and had failed to appear before the appellant on several summons. The medical grounds relied upon by the High Court were not accepted as sufficient to sustain the grant of anticipatory bail.

Conclusion: The impugned order granting anticipatory bail was not sustained and was set aside. The appellant succeeded.

Final Conclusion: The appeal was allowed, the anticipatory bail order was quashed, and the respondent was directed to surrender within three weeks, with liberty to seek regular bail thereafter.

Ratio Decidendi: Anticipatory bail may be refused or set aside where custodial interrogation is necessary and the accused has not cooperated with the investigation.

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