JUDGMENT

Thomas, J.-Special leave granted.

2. The State of Andhra Pradesh is very much aggrieved by the order of a learned single judge of the High Court of Andhra Pradesh granting anticipatory bail to the respondents in this case. Hence the State has filed these appeals challenging the said order dated 20.6.1997.

3. A summary of the facts necessary for disposal of these appeals is the following :

First respondent Bimal Krishna Kundu and his son Hrishakesh Kundu (who is second respondent) were owners of a printing press run by M/s Eureka Printers Pvt. Ltd. They were engaged by the Public Service Commission of the State of Andhra Pradesh (PSC. for short) for printing question papers set for the examination conducted by the P.S.C. In the year 1993, there was leakage of question papers and it was revealed then that the printers were also responsible for such leakage. The Government of Andhra Pradesh by order dated 6.1.1994 black listed the respondents. However, such black listing did not put a stoppage to leaking of question papers even in later years for such examinations conducted by the P.S.C. In respect of one such examination held in December 1996 and another held in March 1997 Government had to cancel the examinations consequent on serious allegations that question papers leaked out before the examinations. Thereupon the Hyderabad Police registered two crime cases and the CID police took up investigation thereof. (Crime 31/97 and Crime 45/97) During investigation it was revealed to the police that despite black listing of the respondents they managed to obtain the printing work of question papers in collusion with the Secretary of the P.S.C. by putting forward the name of one S.K. Saha as owner of M/s. Manjusree Printers, Bangalore. But according to the appellant, the question papers were actually printed in the press of the respondents at Calcutta and that S.K. Saha was a mere name lender. It was also revealed that respondents personated themselves as owners of yet another printing establishment called Nisarge Printers, Bangalore and obtained printing work of question papers for the Intermediate examination conducted by the Board of Intermediate Education. For this a criminal conspiracy was hatched by the respondents with some officers of the Board of Intermediate Education. It was at the said stage that respondents approached the High Court for anticipatory bail.

4. Learned single judge who granted the order in favour of the respondents apprised himself of the gravity of the crime in the following words :

"It is no doubt true that leakage of question papers of Intermediate examination is a heinous and unpardonable crime. It may be seen that some persons tried to make business in lakhs and crores of rupees by selling these papers without caring for the consequences. Obviously the career of millions of students who have taken the Intermediate examination can be said to have been adversely affected."

5. After perusing the materials on record learned single judge persuaded himself to grant anticipatory bail, mainly for the following reasoning :

"That being so, what are the offences that can be said to have been made out is the question for consideration. It is fairly stated by the learned Additional Public Prosecutor that the offences made out against these petitioners are punishable under Section 420, 468 and 406 I.P.C. Be it noted that they are all first class offences (sic) and not punishable with death or imprisonment for life. Moreover, the investigation appears to have been completed to a great extent. Even if custodial interrogation of Kundus, who are seeking anticipatory bail is requested, there can be no objection to interrogate them."

(It is evident that by the words "first class offences" learned single judge would only have meant "offences triable by a magistrate of First Class.")

6. It is apparent that learned single judge has chosen to exercise the discretion envisaged in Section 438 of the Code on the ground that the of