Hyderabad: The Telangana High Court clarified that anticipatory bail cannot be granted to accused persons on mere apprehension that they may be arrested and without giving any demonstrable basis.
Justice P.V. Sanjay Kumar was dealing the petitions of Abdul Kavi and Imran, who approached the court seeking anticipatory bail under Section 438 of the CrPC in a crime lodged against them at the Chaderghat police station for charges of cheating.
The court rejected their pleas on the ground that there was no reason to believe the apprehensions of the petitioners that they would be arrested. The court stressed that the applicant must show that he has ‘reason to believe’ that he may be arrested. Justice Sanjay Kumar recalled the apex court specification in granting anticipatory bail and said the courts have to examine the grounds of the belief of the applicant.
While clarifying one of the petitioner’s apprehension that he was served notices under Section 41A CrPC to appear before the police, Justice Sanjay Kumar said: ‘It is only if the addressee of such notice fails to comply with the terms thereof that the police officer may take recourse to Section 41A(4) CrPC and effect an arrest.”