Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2007 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (2) TMI 701 - SUPREME COURTDowry demands - Victim committed suicide - Seeking grant of anticipatory bail u/s 438 of the Code of Criminal Procedure 1973 - Offence u/s 304B of the Indian Penal Code, 1860 ('IPC') and Section 4 of the Dowry Prohibition Act, 1961('Act') - HELD THAT:- In the very nature of the direction which the Court can issue under Section 438 of the Code, it is clear that the direction is to be issued only at the pre-arrest stage. The direction becomes operative only after arrest. The condition precedent for the operation of the direction issued is arrest of the accused. This being so, the irresistible inference is that while dealing with an application under Section 438 of the Code the Court cannot restrain arrest. Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection of other persons, if any, in the crime. There may be circumstances in which the accused may provide information leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without hindrance and to protect witnesses and persons connected with the victim of the crime, to prevent his dis-appearance to maintain law and order in the locality. For these or other reasons, arrest may become an inevitable part of the process of investigation. In view of what has been stated in some of the directions, given by learned Single Judge, as quoted, are not in line with what has been stated in Adri Dharan Das's case [2005 (2) TMI 817 - SUPREME COURT]. Accordingly we modify the directions. Since the respondents have already surrendered and have been granted bail in terms of the High Court's directions, they shall surrender before the concerned court and shall move for bail in terms of Section 439 of the Code within four weeks from today. On that being done the case shall be considered in its proper perspective uninfluenced by the fact we have disapproved stipulation of conditions by the High Court. The concerned court shall deal with the matter appropriately. It is brought to our notice that the husband of the deceased has already been released on bail after his surrender. The effect and/or relevance of that order shall be duly considered by the concerned court while dealing with the application for bail to be filed within stipulated time. The appeal is allowed to the aforesaid extent.
|