TaxTMI 
TaxTMI 
TaxTMI 
2007 (2) TMI 701
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....ent Nos. 1 to 3 apprehended arrest for the alleged offence under Section 304B of the Indian Penal Code, 1860 (in short the 'IPC') and Section 4 of the Dowry Prohibition Act, 1961(in short the 'Act'). 3. The application was disposed of by the learned Single judge inter-alia with the following observations and directions: i. each of them should execute a bond for a sum of Rs. 25.000/- (Rupees Twenty Five Thousand only) together with two sureties each for the like sum to the satisfaction of XVII Metropolitan Magistrate Saidapet, Chennai. ii. The first petitioner shall appear before the respondent police for a period of two weeks daily at 10.30 a.m. and thereafter the first petitioner shall appear before the respondent police as and when required. iii. The petitioners 2 and 3 shall report before the respondent police for a period of three days from l0.30. a.rn. to 12. 30. noon everyday and thereafter they shall be available for interrogations as and when required. iv. The petitioners 1 and 2, in consultation with the first accused, who is the husband of the victim in this case, shall take all necessary steps to band ever all the articles belonging to the victim....
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....other person making the same "shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action". The order under Section 438 of the Code is intended to confer conditional immunity from the touch as envisaged by Section 46(1) of the Code or any confinement. The apex Court in Balachand Jain v. State of Madhya Pradesh AIR 1977 SC 366 has described the expression 'anticipatory bail' as a misnomer. It is well-known that bail is ordinary manifestation of arrest, that the Court thinks first to make an order is that in the event of arrest a person shall be released on bail. Manifestly there is no question of release on bail unless the accused is arrested, and therefore, it is only on an arrest being effected the order becomes operative. The power exercisable under Section 438 is somewhat extraordinary in character and it is only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty then power is to be exercised under Section 438. The power being of an importan....
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....ess or the charge-sheet is submitted. (Emphasis supplied) 9. In K.L. Verma v. State and Anr. (1996)10SCC255 this Court observed as follows: This Court further observed that anticipatory bail is granted in anticipation of arrest in non-bailable cases, but that does not mean that the regular court, which is to try the offender, is sought to be bypassed. It was, therefore, pointed out that it was necessary that such anticipatory bail orders should be of a limited duration only and ordinarily on the expiry of that duration or extended duration the court granting anticipatory bail should leave it to the regular court to deal with the matter on an appreciation of evidence placed before it after the investigation has made progress or the charge- sheet is submitted. By this, what the Court desired to convey was that an order of anticipatory bail does not enure till the end of trial but it must be of limited duration as the regular court cannot be bypassed. The limited duration must be determined having regard to the facts of the case and the need to give the accused sufficient time to move the regular court for bail and to give the regular court sufficient time to determine the bail ap....
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.... direction which the Court can issue under Section 438 of the Code, it is clear that the direction is to be issued only at the pre-arrest stage. The direction becomes operative only after arrest. The condition precedent for the operation of the direction issued is arrest of the accused. This being so, the irresistible inference is that while dealing with an application under Section 438 of the Code the Court cannot restrain arrest. 13. Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection of other persons, if any, in the crime. There may be circumstances in which the accused may provide information leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without hindrance and to protect witnesses and persons connected with the victim of the crime, to prevent his dis-appearance to maintain law and order in the locality. For these or other reasons, arrest may become an inevitable part of the process of investigation....