‘Can’t direct cops to issue notice ahead of arrest’

Justice SM Subramaniam made the observation while dismissing a plea moved by one Vasantha seeking anticipatory bail fearing arrest by Pudukkottai Commercial Crime Investigation Wing for alleged cheating, criminal conspiracy and breach of trust.

While the government advocate submitted that no FIR has been registered against her as on date and that the question of granting anticipatory bail did not arise, the petitioner’s counsel sought for a direction to issue notice under Section 41(A) CrPC if any case is registered against her, enabling her to file anticipatory bail petition.

But Justice Subramaniam pointed out that when no case was registered, the question of issuing any direction would not arise. “The concept of granting relief even before registration of a case is not preferable and in the event of conferring any privilege or otherwise in favour of the petitioner in an anticipatory bail, there is a possibility of misuse and abuse of such order and the police officials may also be deprived of exercising their lawful powers conferred under the CrPC and other laws in force. Exceptions may not be a rule or precedent.”

Also, noting that the said section intended to issue notice only where arrest of the person was not required and not otherwise, he said passing orders even before registration of cases may create confusion in the officials’ mind and they may not be able to initiate free and fair action.

Directing the police to issue notice in all cases may lead to erroneous implementation of the orders or likelihood of the accused persons absconding, Justice Subramaniam added, and noted that such a direction was impractical and may not be in the interest of justice.