[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-II]

6 What are the factors to be taken into account while dealing with an application for anticipatory bail? The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made; The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused; The Court to consider reasonable apprehension of tampering of the witnesses or apprehension of threat to the complainant. NOTE BY VRK: Now, when the amendment of Section 438 Cr.P.C as per Amending Act 255 of 2005 comes into effect, the Court is given the discretion to take into consideration, inter alia the following factors:- The nature and gravity of the accusation The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment or conviction by a Court in respect of any cognizable offence. and Where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail.