DR. M. ARUL PITCHAI NARAYAN Vs. DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, C.I.D., D.G.P.S OFFICE AND ANOTHER

JUDGEMENT

(1.) APPREHENDING arrest at the hands of police for an alleged offence under S. 420 of I.P.C. the petitioner filed Crl. O.P. No. 8456 of 1996, to enlarge him on anticipatory bail. In the said Crl. M.P., the prosecution filed a detailed counter opposing the grant of anticipatory bail. C. Shivappa, J., in the order dated 6.11.1996, after considering the petition, counter and the rejoinder granted anticipatory bail, on the petitioner executing a bond for a sum of Rs.3,000/ - with two sureties for a like sum to the satisfaction of the Judicial Magistrate, Tambaram, subject to the following conditions: -

(2.) IN reply to this, the learned counsel appearing for the accused has submitted that the accused has complied with the conditions for 123 days. It is not the case of the petitioners that the accused had not complied with any of the conditions. The only ground on which, according to the learned counsel, the bail is sought to be cancelled is that the petitioner/accused has threatened Mr. V.C. Rao and Mr. Jesu who have been examined by the prosecution in the course of investigation. The learned counsel has further submitted that except the statement in the petition no affidavit from the concerned person was filed. It is not the case of the prosecution that in view of the alleged pressure, the witnesses have retracted. According to the learned counsel, the complaint is based on the complainant's evidence and the documents, namely, the agreement dated 20.11.1991. On the basis of the above submission, the learned counsel has submitted that the question of canceling the bail will not arise and the accused/petitioner has not made out any case to cancel the anticipatory bail.

(3.) WHILE considering the cancellation of bail, the Apex Court, in the decision reported in, A.I.R. 1993 S.C. 11 (Aslam Babalal Desai v. State of Maharashtra) has held that the grounds for cancellation under S. 437(5) and 439(2) of Cr. P.C. are identical, namely, bail granted under S. 437(l) or (2) or 439(1) can be cancelled where (i) the accused misuses his liberty by indulging in similar criminal activity; (ii) interferes with the course of investigation; (iii) attempts to tamper with evidence or witnesses; (iv) threatens witnesses or indulges in similar activities which would hamper smooth investigation; (v) there is likelihood of his fleeing to another country; (vi) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency; (vi) attempts to place himself beyond the reach of his surety, etc., These grounds are illustrative and not exhaustive.