- In the case of S. Senthil Kumar vs State of Tamil Nadu the Apex Court had held that the Court while dismissing an application for anticipatory bail, cannot issue a mandatory direction for the arrest of the accused, and it is upto the investigating agency to take further steps in the matter.
- An SLP was filed in the Supreme Court against the order of the HC wherein it was alleged that after rejecting an application for pre-arrest bail, the HC had issued an order for the arrest of the accused. The petitioner had relied upon the decision of the Apex Court in the case of MC Abraham vs State of Maharashtra and ors (2003) SCC.
- It is important to note that in the case of MC Abraham vs State of Maharashtra the Apex Court had observed that there may be instances where the application for anticipatory bail is denied, and ultimately the said person may not be put to trial because no material is disclosed against him during the course of the investigation. The HC had, in this case, proceeded on the assumption that since the petition for anticipatory bail had been rejected, there was no option open to the State but to arrest the accused persons. The Apex Court observed that this presumption is erroneous, and that the person whose application for anticipatory bail is rejected may or may not be arrested by the investigating officer depending upon the facts and circumstances of the case.
- However, in the present case, the Apex Court noted that the HC, after rejecting the application for pre-arrest bail, had not made any order for the mandatory arrest of the offender, and hence, the question of quashing any order or the application of the ratio of MC Abraham case does not arise.
- Hence, the special leave petition was rejected.
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