Nehru Irulandi vs State of Tamil Nadu - CrPC - Anticipatory Bail - Civil Reliefs

Code of Criminal Procedure, 1973 - Section 438 - Bail Conditions — Anticipatory Bail — Conditions that may be imposed by High Court while granting anticipatory bail — Held, while exercising jurisdiction to grant anticipatory bail in a criminal case, the High Court cannot impose a condition which in effect amounts to granting relief in a pending civil suit (such as an injunction regarding possession or interference with immovable property) when such relief has not been granted by the competent civil court; imposing a condition that the accused “shall not interfere in the disputed property until the suit is over” tantamounts to granting a substantive civil relief beyond the scope of anticipatory bail jurisdiction and is impermissible — (Paras 3, 5, 7, 8, 9, 10).