1979 Supreme(AP) 389

Andhra Pradesh High Court
Judges : MADHUSUDHAN RAO
K. Narayana Swamy - Appellant
Versus
State of A. P. - Respondent
Crl. M. P. No. 27-11-79
Decided On : 11-27-79
.

Headnote:Criminal Procedure Code, Sections 438—Anticipatory Bail to accused—Consideration necessary for granting bail

       Held: In application under Section 438 Cr P, the nature of the offence has to be given primary consideration The likelihood of misusing liberty during the investigation in serious offences punishable with death or imprisonment for life is greater, as interfering with the witnesses before they are examined by the investigating officers is not so difficult as interference after their examination by the investigating officers When the offence alleged is serious, it is not unlikely that the person accused would be tempted to interfere with the fair course of investigation The very seriousness of the offence alleged is sufficient ground to reasonably believe that the accused may misuse his liberty by interference with the evidence that may be available in the case, if possible or by absconding if tampering is not possible In such serious cases where the offence alleged is punishable with death or imprisonment for life, the discretion under Section 438 Cr PC shall not be exercised unless the Court at that very stage is satisfied that the charge appears to be false or groundless The guiding principle is whether on a consideration of all the facts and circumstances of the case as available at that very stage, the Court can safely opine that, if allowed to be free without being detained in the jail, the accused would be wholly indifferent towards the investigation as he need not at all the afraid of the result of the investigation and the trial, if any, following the investigationCrl M P allowed