Case Note & Summary
The petitioner, Shri Prem Chand Grag, accused No.3 in Spl.C.C.No.54/2014, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in the event of his arrest. The case was registered by the Central Bureau of Investigation (CBI), Bangalore, on the direction of the Hon'ble Supreme Court in W.P.(Civil) No.562/2009, relating to the illegal extraction of iron ore in Bellary and its transportation to Belekeri Port and then to other countries. The petitioner, a resident of Dubai, was the Managing Director of M/s Shri Lal Mahal Limited. The trial court had issued a non-bailable warrant and the CBI had taken out a Red Corner Notice to secure his presence. The petitioner had not been arrested earlier and had been examined by the CBI on several occasions. The court considered the nature of the allegations, the fact that the petitioner was a permanent resident of India with family and property, and that he was willing to cooperate with the investigation. The court held that custodial interrogation may not be necessary and granted anticipatory bail subject to conditions including executing a personal bond of Rs.5,00,000 with two sureties, surrendering his passport, appearing before the trial court within 15 days, and cooperating with the investigation. The court also directed that the petitioner shall not leave the country without prior permission and shall not tamper with evidence or influence witnesses.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Custodial Interrogation - Petitioner, a Dubai resident, sought anticipatory bail in a CBI case for illegal iron ore extraction and export - Court granted bail on conditions, noting that custodial interrogation may not be necessary as petitioner had already been examined and was willing to cooperate - Held that anticipatory bail can be granted if there is no likelihood of flight risk or tampering with evidence (Paras 5-6).
Issue of Consideration
Whether the petitioner, accused No.3 in a CBI case for illegal iron ore extraction and export, is entitled to anticipatory bail under Section 438 of CrPC.
Final Decision
Petition allowed. Petitioner granted anticipatory bail subject to conditions: executing a personal bond of Rs.5,00,000 with two sureties, surrendering passport, appearing before trial court within 15 days, cooperating with investigation, not leaving India without permission, and not tampering with evidence.
Law Points
- Anticipatory bail
- Section 438 CrPC
- custodial interrogation
- flight risk
- cooperation with investigation
- economic offences
- Prevention of Corruption Act
