Ordinarily, arrest is a part of procedure of the investigation
to secure not only the presence of the accused but several other purposes.
Power under Section 438 Cr.P.C. is an extraordinary power and the same has to be
exercised sparingly.
The privilege of the pre-arrest bail should be granted
only in exceptional cases. The judicial discretion conferred upon the court has
to be properly exercised after application of mind as to the nature and gravity
of the accusation; possibility of applicant fleeing justice and other factors
to decide whether it is a fit case for grant of anticipatory bail.
Grant of
anticipatory bail to some extent interferes in the sphere of investigation of
an offence and hence, the court must be circumspect while exercising such power
for grant of anticipatory bail. Anticipatory bail is not to be granted as a
matter of rule and it has to be granted only when the court is convinced that
exceptional circumstances exist to resort to that extraordinary remedy.
( P Chidambaram vs DOE, Criminal Appeal No.
1940/2019 decided on 05/09/2019)
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