ORDER :

1. While hearing this anticipatory bail application, the question of law arose whether an anticipatory bail application would be maintainable by an accused who is already arrested and is in judicial custody in relation to another FIR registered against him for the offences mentioned therein.

2. Learned counsel for the petitioner and learned counsel for the complainant as well as learned Public Prosecutor had advanced their submissions.

3. It would therefore be apposite to first note down the relevant provisions of Code of Criminal Procedure (“Cr.P.C.”). Sections 41, 46, 81, 105 and Section 438 Cr.P.C. are as under:

“41. When police may arrest without warrant:

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person:

(a) who commits, in the presence of a police officer, a cognizable offence.

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence.

(ii) the police officer is satisfied that such arrest is necessary:

(a) to prevent such person from committing any further offence.

(b) for proper investigation of the offence.

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner.

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer.

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:

Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.

(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence.

(c) who has been proclaimed as an offender either under this Code or by order of the State Government.

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing.

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody.

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union.

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India.

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356.

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested w