The High Court or the Court of Session can not stay arrest of an accused
person, because no such power flows either from Section 438 ,or from any other
provision of the code, including section 482, Crpc, Of course in appropriate
cases,interim anticipatory bail for a limited period can be granted with the
conditions mentioned in subsection (2) of section 438 of the Code, so that the
investigation was not stifled in any manner.
Such interim order should not be passed in a routine manner. Even in the case
where interim order of anticipatory bail was granted,the court has to consider
at the final hearing there if whether such interim order of anticipatory bail
should be confirmed or recalled on Perusal of the materials collected during the
It need not be pointed out that an interim order passed without perusal of the
case diary of other basis of misstatement of fact made has on sanctity and
courts should not be hesitant in recalling the same and directing the accused to
surrender and make prayer for regular bail.
The police and courts have been enjoyed by the provision s of the code,a duty
that a person who has committed a crime is brought to the book and reaps the
consequences of his action but , at the same time, an innocent person does not
become victims of manipulation and mechanism of his adversary.
But ,while achieving this object, the police as well as courts, should no their
limitations and should not directly or indirectly interfere with the functioning
of each other.