**Q.16 Is the fact that the accused is holding high position and wielding considerable influence which may place the investigating agency in a disadvantageous position in eliciting more useful information, a relevant fact to refuse anticipatory bail?**
– Yes, according to the case of State of A.P. v. Bimal Krishna Kundu, the accused’s high position and influence can be considered as a relevant fact to refuse anticipatory bail.
**Q.17 Can anticipatory bail be refused if the applicant is an absconder/proclaimed offender in terms of Section 82 Cr.P.C.?**
– Yes, as stated in the case of State of M.P. v. Pradeep Sharma, anticipatory bail can be refused if the applicant is an absconder or proclaimed offender.
**Q.18 Is it not open to the Court while dismissing the application for anticipatory bail as premature, to direct that prior notice shall be given to the accused before arresting him?**
– No, the Court cannot interfere with the power of investigation of the authorities. However, an order in terms of Section 41 A Cr.P.C. can be passed by the Court.
**Q.19 Cannot the Court while dismissing the application for anticipatory bail, give a direction to the Investigating Officer to arrest the petitioner within 24 hours?**
– No, the decision to arrest the petitioner lies within the province of the Investigating Officer. It depends on the facts and circumstances of the case, nature of the offence, background of the accused, facts disclosed in the course of investigation, and other relevant factors.
**Q.20 Can the order for anticipatory bail be cancelled and if so, on what grounds?**
– Anticipatory bail granted by the Sessions Court can be cancelled by that Court or by the High Court under Section 439 (2) Cr.P.C. The grounds for cancellation of bail include interference with the due course of justice, attempt to interfere with the due course of justice, abuse of the concession granted to the accused, or when the order for anticipatory bail is considered perverse.
(Source: State of A.P. v. Bimal Krishna Kundu, State of M.P. v. Pradeep Sharma, Union of India v. Padam Narain Aggawal, D. Prabhakaran v. Inspector of Police, M.C. Abraham v. State of Maharashtra, Padmakar Tukaram Bhavangare v. State of Maharashtra)
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