2010 (12) TMI 1085 - SC - Indian Laws

Whether the powers under section 438 Cr.P.C. are unguided or uncanalised or are subject to all the limitations of section 437 Cr.P.C.?

Held that:- Appeal allowed. The impugned judgment and order of the High Court declining anticipatory bail to the appellant cannot be sustained and is consequently set aside. Thus direct the appellant to join the investigation and fully cooperate with the investigating agency. In the event of arrest the appellant shall be released on bail on his furnishing a personal bond in the sum of ₹ 50,000/- with two sureties in the like amount to the satisfaction of the arresting officer. See Gurbaksh Singh Sibbia and Others v. State of Punjab [1980 (4) TMI 295 - SUPREME COURT]