Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
It is established that the authority granted by Section 438 of the CrPC is not to be used frequently. The authority must be used if it appears that an accusation was made with the intent to harm or humiliate the applicant by having him arrested. Consequently, bail cannot be ordered in advance of an arrest if it will be utilised as a defence. However at the present moment phase, it cannot be concluded based on the circumstances of the case that the accusations are baseless or were merely fabricated to harm or degrade the applicant by getting him detained. The court held that there is no reason to grant anticipatory bail to the applicant.