Anticipatory Bail--Addition of Graver Offence--Accused Already on Regular Bail Remains in Constructive Custody and Cannot Invoke Anticipatory Bail Jurisdiction
An accused already on regular bail cannot seek anticipatory bail upon addition of a graver offence during trial. A person on bail remains in constructive custody of law and therefore cannot claim apprehension of arrest so as to invoke anticipatory bail under Section 438 CrPC. Where a graver offence is subsequently added, the appropriate remedy is to surrender and seek regular bail for the newly added offence, or await prosecution's move for cancellation of bail. A second anticipatory bail petition is not maintainable in the absence of any substantial change in circumstances since dismissal of the earlier petition.
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