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Understanding Interim Anticipatory Bail: A Legal Safeguard

The High Court or the Court of Session can not stay arrest of an accused person, because no such power flows either from Section 438 ,or from any other provision of the code, including section 482, Crpc, Of course in appropriate cases,interim anticipatory bail for a limited period can be granted with the conditions mentioned in subsection (2) of section 438 of the Code, so that the investigation was not stifled in any manner.

Such interim order should not be passed in a routine manner. Even in the case where interim order of anticipatory bail was granted,the court has to consider at the final hearing there if whether such interim order of anticipatory bail should be confirmed or recalled on Perusal of the materials collected during the investigation.

It need not be pointed out that an interim order passed without perusal of the case diary of other basis of misstatement of fact made has on sanctity and courts should not be hesitant in recalling the same and directing the accused to surrender and make prayer for regular bail.

The police and courts have been enjoyed by the provision s of the code,a duty that a person who has committed a crime is brought to the book and reaps the consequences of his action but , at the same time, an innocent person does not become victims of manipulation and mechanism of his adversary.

But ,while achieving this object, the police as well as courts, should no their limitations and should not directly or indirectly interfere with the functioning of each other.

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