The court emphasized the need to consider the specific circumstances of each case before issuing anticipatory bail orders and highlighted the importance of police discretion in deciding whether arrest or notice under Section 41(A) Cr.P.C is required.

JUDGMENT :

(Prayer: For Anticipatory Bail in Crime No. of 2020 on the file of the Respondent Police.

The Court made the following order :-

The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 408, 409, 420, 465, 468,471 and 477(A) r/w.109 IPC seeks anticipatory bail.

2. The learned Government Advocate(Crl.Side) appearing for the respondents, at the first instance made a submission that no First Information Report has been registered against the petitioner as on today and therefore, the question of granting anticipatory bail does not arise.

3. The learned Counsel for the petitioner solicited the attention of this Court regarding the orders dated 10.06.2020 and 12.11.2019 in Crl.O.P(MD) No. 5864 of 2020 and 16011 of 2019 respectively. He made a submission that similar order may be passed to issue notice under Section 41(A) Cr.P.C to the petitioner in the event of registering any case against her, enabling her as to file anticipatory bail petition in advance before this Court.

4. The idea of getting such an order is that in case, First Information Report is filed by the jurisdictional police, then a breathing time should be given to the accused persons for filing anticipatory bail petition.

5. Section 438 of Cr.P.C is unambiguous. That apart, “where any person has reason to believe that he may be arrested on accusation of having committed a non bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this Section that in the event of such arrest he shall be released on bail”. Thus, a case must be registered for the purpose of considering an anticipatory bail petition, under Section 438 Cr.P.C. The ingredients stipulated in Section 438(1)(ii)(4)Cr.P.C must be taken into account while granting anticipatory bail by the Courts. The ingredients enumerated under Section 438 Cr.P.C are factors to be considered for granting anticipatory bail or declining anticipatory bail.

6. Protection of personal liberty is enunciated under the Constitution of India, is of paramount importance. However, every Fundamental Right under the Constitution is not an absolute one and subject to other laws in force. Restrictions in exercise of Fundamental Rights by respecting the Fundamental Rights of other citizens is to be considered while granting relief based on the principles of personal liberty. In other words, exercise of any right by any citizen should not affect or be detrimental to the rights of all other fellow citizens of our great nation. Thus, exercise of any right must be in consonance with the rights of all other citizen and in the event of any violation, question of detention as well as initiation of action arises.

7. Our country is marching towards vibrant democracy. Personal liberty is an important phenomena in a democratic country. Thus Courts are excepted to be cautious, while dealing with the rights of the individuals in consonance with the rights and privileges of the society at large. Common interest of the society as a whole is a consideration to be deliberated.

8. Keeping in mind these constitutional philosophy and ethos, this Court is of the considered opinion that Section 41(A) Cr.P.C enumerates that “ the police officer shall in all cases where arrest of the person is not required under the provisions of Sub section 1 of Section 41 of Cr.P.C issue a notice directing the person against whom a reasonable complaint has been made or reliable information has been received that he has committed a cognizable offence to appear before him and such a place may be specified in the notice”. Therefore, uniform orders cannot be passed by the High Court in all the cases. Notice has to be issued to the accused persons on registration of cases. Section 41(A) Cr.P.C is unambiguous, that “Where the arrest of a person is not required”. Thus, the ingredients stipulated in the said provision is very clear that if arrest is not required, the