This Editorial relate to a small write-up published by The Hindu today with a headline “Accused denied anticipatory bail can be given protection.” In fact this catchy headline kindled curiosity in me to read the whole text and I am surprised by its contents as this piece of news item was part of the judgment [newspaper has not reported which judgment it was!] because, I never expected such an assertion came from a SC Bench led by the Chief Justice of India, Mr. N. V. Ramana, himself.

The Bench says, if an anticipatory bail was not granted for any reasons the Court hearing such bail plea may give protection to the Petitioner for some time so that there should not be any breakdown in the family [atmosphere] of the Accused. Adding, the Bench advises High Courts, such consideration be given to the Accused on case to case basis, but not to all.

A bare reading of Section 438 of Code of Criminal Procedure [under this provision of law – Anticipatory Bail is considered by the Court of Session or High Court] clearly demarcates dos and don’ts by the Courts – when to consider and not to consider. In fact no other provisions of law would have interpreted so much in detail than this particular provision.

As far Section 438 of Cr.P.C. is concerned, law is clearly laid down on granting or rejecting anticipatory bail to the Accused. There is no compulsion on the Court to grant or reject a bail plea, however it has to make reasons known to the Petitioner for its arriving at a decision to grant or reject his/her bail.

With a compassionate shown by the SC, by granting protection to the Accused [on his failure to secure AB] not to arrest him for certain time, the rule of law is impaired as dismissal order on its own repudiate or contradict the version of dismissal! What a flaw!

In normal course, where an AB was rejected, the hearing Court direct the Petitioner to appear before a regular Court and seek bail. Manier times, it was found while filing a bail application in the Trial Court and till its Order the Petitioner had to underground. Even if regular bail gets rejected, the Accused has no other choice, but to surrender himself and go to prison and there comes an end to AB proceedings.

Prime reason for rejecting AB is, the Court was led to believe that the Accused may tamper with the evidences and / or the Accused would get killed by the rival groups if he let out on the streets freely – and in such case giving ultimatum – not to his arrest by the Police is not alone legally untenable but by all means it hinders the application of law and will only create law and order problem than giving any solace or relief to his family.