2021 (8) TMI 977 - SUPREME COURT

Grant of anticipatory Bail - appellant had already joined the investigation before approaching this Court and the chargesheet was stated to be ready to be filed - Section 170 of the Cr.P.C. - HELD THAT:- The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it.

In the present case when the appellant has joined the investigation, investigation has completed and he has been roped in after seven years of registration of the FIR we can think of no reason why at this stage he must be arrested before the chargesheet is taken on record - the learned counsel for the appellant has already stated that on summons being issued the appellant will put the appearance before the trial court.

Appeal allowed.