The Supreme Court has observed that an application for anticipatory bail cannot be rejected merely on the ground that the petition filed by the accused under Section 482 of the Code of Criminal Procedure praying for quashing of FIR, has already been rejected.

The Rajasthan High Court had dismissed the application seeking anticipatory bail filed by mother-in-law and father-in-law of the complainant woman solely on the ground that their plea seeking quashing of the FIR stands dismissed.

When the Special Leave Petition (Kamlesh vs. State of Rajasthan) filed by the accused came before the bench, it said:

We are of the view that the order of the High Court cannot be sustained. High Court ought to have considered the application on merits. The fact that petition under Section 482 Cr.P.C. was dismissed for quashing was not conclusive and could not be the reason for rejecting the application.

The bench also noted that in the SLP filed by the husband of the complainant, the Apex Court had passed an order not to arrest the in-laws subject to their cooperation with the investigation.

The bench then disposed of the SLP by granting them protection from arrest subject to condition that they would cooperate with the investigation and appear as and when they are called by a written notice.