R.R. Gopal @ Nakkheeran Gopal vs State, Represented By Inspector Of ... on 5 March, 2003
27. The learned Public Prosecutor emphasized that both the cases relate to gruesome murders and the further investigation is in progress and at this stage pre-arrest bail should not be granted to the petitioner. The learned Senior Counsel appearing for the petitioner contended that as per the ratio laid down by the Constitution Bench of the
Apex Court in Gurbaksh Singh vs. State of Punjab - , even if a non-bailable offence is alleged to have been committed by a person happens to be an offence of murder, the High Court has the power under Section 438 Cr.P.C. to grant anticipatory bail and further relied on the decision of the Apex Court in Salauddin Abdulsamad Shaikh vs. State of Maharashtra- and a decision of this Court in S. Saravanan @ Saravanaperumal vs. The State - (1995 Crl. L.J. 1999). The power of the High Court or the Sessions Court under Section 438 Cr.P.C. is well defined in various decisions of the Apex Court and in grave offences the Court has to be careful and circumspect in entertaining an application for anticipatory bail.