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1998 Supreme(Mad) 23

M.KARPAGAVINAYAGAM
Natturasu and Others – Appellant
Versus
State – Respondent


Appearing Advocates:R. S. Ramanathan, A. Packiarai, Amicus Curiae, H. R. Elango, Advocates.

Judgment :-

The short question which is of general importance is, whether the power of the High Court or Sessions Court to grant anticipatory bail under Section 438 Cr.P.C. comes to an end after the Magistrate has taken cognizance of non-bailable offence and issue process, namely, warrant for arrest against the accused ?

2. The probe into the question referred above would incidentally give rise to several subsidiary questions also as given below :-

(1) What is the meaning of Anticipatory bail ?

(2) What is the scope of Section 438 Cr.P.C. ?

(3) What is the period of duration of anticipatory bail ?

(4) What is the stage at which Section 438, Cr.P.C. could be invoked ?

(5) What is meant by the accusation ?

(6) What is the meaning of the word "arrest"?

(7) By whom arrest could be effected ?

3. Before dealing with these questions, let us, at the outset, refer Section 438 Cr.P.C

"438. Direction for grant of bail to person apprehending arrest. - (1) When any person has reason to believe that he may he arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit,






































































































































































































































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