https://www.taxtmi.com/caselaws?id=47568 Anticipatory bail under Section 438 CrPC was held available in a customs-duty evasion matter where the record did not establish that the applicant was a proclaimed offender or otherwise unavailable to the court. Mere allegations of absconding were insufficient to defeat protection when prosecution material did not support that claim and custodial arrest was not shown to be necessary for investigation. The Court also noted that the principal accused was already out of custody and the investigation remained incomplete, so no useful purpose would be served by insisting on arrest. Relief was granted subject to joining the investigation and complying with imposed conditions. en-us Wed, 09 Mar 2005 00:00:00 +0530 Thu, 29 Jul 2010 14:46:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=47568 Anticipatory bail under Section 438 CrPC was held available in a customs-duty evasion matter where the record did not establish that the applicant was a proclaimed offender or otherwise unavailable to the court. Mere allegations of absconding were insufficient to defeat protection when prosecution material did not support that claim and custodial arrest was not shown to be necessary for investigation. The Court also noted that the principal accused was already out of custody and the investigation remained incomplete, so no useful purpose would be served by insisting on arrest. Relief was granted subject to joining the investigation and complying with imposed conditions. Case-Laws Customs Wed, 09 Mar 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=47568