No need for custodial interrogation can not be the only ground for granting anticipant bail Supreme Court

“The custodial interrogation along with other grounds may be one of the applicable aspects while deciding the operation for anticipant bail,” the bench said.

It said that there might be numerous cases in which the custodial interrogation of the indicted may not be needed, but this doesn’t mean that the prima facie case against the indicted should be ignored or ignored, and he should be granted anticipant bail.

The top court said that the first and foremost thing that the court hearing the anticipant bail operation should do is to put a prima facie case against the indicted.

“After that, along with the inflexibility of the discipline, the nature of the offence should also be considered. Custodial interrogation can be a ground for denial of anticipant bail. Still, if custodial interrogation isn’t needed or needed, it can not be a ground to grant anticipant bail,” the bench said.

The Supreme Court made this observation while setting aside anticipant bail granted to an indicted under colourful sections of the Protection of Children from Sexual Offenses Act, 2012, in Kerala’s Wayanad quarter.

The apex court said that the compliances of the High Court were wholly unwarranted and made by ignoring the specific allegations in the FIR.