S. SENTHIL KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition, seeking to question the order dtd. 11/3/2022 passed by the High Court of Judicature at Madras in Criminal O.P. No. 1909 of 2022, is essentially founded on the ground that the High Court was not justified in directing arrest of the accused-petitioner while rejecting his prayer for pre-arrest bail.

(2.) Learned counsel has referred to and relied upon a decision of this Court in M. C. Abraham and Anr. v. State of Maharashtra and Ors. : (2003) 2 SCC 649, wherein this Court has disapproved the directions contained in the impugned order of the High Court, for arrest of the appellants therein.

(3.) There is no quarrel with the proposition that ordinarily, no such mandatory order or directions should be issued while rejecting the application for pre-arrest bail that the accused person has to be arrested; and such an aspect is required to be left for the investigating agency to examine, and to take such steps as may be permissible in law and as may be required.