NO BLANKET ORDER IN ANTICIPATORY BAIL- KERALA HIGH COURT

NO BLANKET ORDER IN ANTICIPATORY BAIL- KERALA HIGH COURT

26th OCTOBER,2020

The Hon’ble High Court of Kerala held that no blanket order should be passed under Section 438 Cr.P.C. to prevent the accused from being arrested when there is no crime registered against him. 

The procedure to be adopted is to direct the investigation to comply with the requirement under Section 41 A Cr.P.C., before effecting the arrest of accused so that the accused can exhaust the remedy under Section 438 Cr.P.C. 

The defect crept in the order cannot be cured under Section 439(2) Cr.pc for the only  reason that the accused will get a right to exhaust the remedy under Section 438 Cr.P.C. on the basis of  subsequent accusation and it cannot be restricted by invoking the jurisdiction under Section 439(2) Cr.P.C.

Moreover, the high court concluded that the first respondent to exhaust the remedy under Section 438 Cr.P.C. on the basis of present charge, it is absolutely correct to set aside the order for granting anticipatory bail to the accused on the ground of non-registration of crime