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2017 Supreme(SC) 146
SUPREME COURT OF INDIA
KURIAN JOSEPH, A. M. KHANWILKAR , JJ.
R.ELAVAZHAGAN @ BABU – Appellants
VERSUS
PANKAJAM VILWANATHAN & ORS. – Respondents
CRIMINAL APPEAL NOs. 204-205 OF 2017 [@ SPECIAL LEAVE PETITION (CRL.) NO. 7088-7089 OF 2012]
Decided On : 31-01-2017
The appellant, on regular bail, must cooperate with the investigation and cannot stall further investigation.
Headnote:
Bail - Anticipatory Bail - Further Investigation - The court directed the appellant, who was on regular bail, to cooperate with the investigation and allowed for further investigation despite the appellant's plea to stall it.
Fact of the Case:
The appellant was on regular bail, but the High Court directed cancellation of the anticipatory bail, custodial interrogation, and further investigation.
Finding of the Court:
The court found that since the appellant was on regular bail when the impugned order was passed, the appellant cannot stall the further investigation as ordered by the High Court.
Issues: Cancellation of anticipatory bail, custodial interrogation, and further investigation.
Ratio Decidendi: The appellant, being on regular bail, was directed to cooperate with the investigation and could not stall the further investigation.
Final Decision: The appeals were disposed of, with a direction for the appellant to cooperate with the investigation and a warning that non-cooperation could lead to cancellation of the regular bail.
JUDGMENT
KURIAN, J.
1. Leave granted.
2. The appellant has mainly two grievances-
i)Though the appellant was on regular bail, the High Court, in the impugned order, has directed cancellation of the anticipatory bail and custodial interrogation;
ii)There is a direction in the impugned order for further investigation.
3. It is an undisputed position that the appellant has been on regular bail while the High Court passed the impugned order.
4. In that view of the matter, in our view, nothing survives in this appeal since the appellant cannot, in any way, stall the further investigation, as ordered by the High Court in the impugned order.
5. Therefore, these appeals are disposed of making it clear that the appellant shall cooperate with the investigation and in case, there is non-cooperation on the part of the appellant, it will be open to the Investigating Officer to seek for cancellation of the regular bail.
