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Judgment
N. Ananda, J.—Heard the learned counsel for petitioners and learned Government Advocate for State. The petitioners have sought for blanket order of anticipatory bail.
The petitioners have sought for anticipatory bail in relation to offences u/s 498A of Indian Penal Code or for offences punishable under Sections 4 and 5 of Dowry Prohibition Act that may be registered against them.
The learned Government Advocate, on verification would submit that Station House Officers respondent Police Stations have not registered any case against petitioners either u/s 498A of Indian Penal Code or for offences punishable under Sections 4 and 5 of Dowry Prohibition Act.
The trial Court has dismissed the bail petition filed by petitioners. The petitioners have sought for blanket order of anticipatory bail which is not permissible u/s 438 of Code of Criminal Procedure. In the case of Shri Gurbaksh Singh Sibbia and Others Vs. State of Punjab, the Supreme Court has held as under:
A blanket order of anticipatory bail is bound to cause serious interference with both the right and the duty of the police in the matter of investigation because, regardless of what kind of offence is alleged to have been committed by the applicant and when, an order of bail which comprehends allegedly unlawful activity of any description whatsoever, will prevent the police from arresting the applicant even if the commits, say, a murder in the presence of the public. Such an order can then become a charter of lawlessness and weapon to stifle prompt investigation into offences which could not possibly be predicated when the order was passed. Therefore, the court which grants anticipatory bail must take care to specify the offence or offences in respect of which alone the order will be effective. The power should not be exercised in a vacuum.
As of now, crimes have not been registered against petitioners for offences punishable u/s 498A of Indian Penal Code or for offences punishable under Sections 4 and 5 of Dowry Prohibition Act. If a crime is registered against petitioners, petitioners are at liberty to invoke Section 438 of Code of Criminal Procedure. The petition is dismissed.