Code of Criminal Procedure, 1973–Sec. 439–After granting the bail to an accused further cognizable and non-congnizable offences are added–Following circumstances can arise in respect of arrest and bail–
(i) The accused can surrender and apply for bail for newly added cognizable and non-bailable offences–In event of refusal of bail, the accused can certainly be arrested.
(ii) The investigating agency can seek order from the Court u/s. 437(5) or 439(2), Cr.P.C. for arrest of the accused and his custody.
(iii) The Court, in exercise of powers u/s. 437(5) or 439(2) of Cr.P.C. can direct for taking into custody the accused who has already been granted bail after cancellation of his bail–The Court in exercise of powers u/s. 437(5) as well as Sec. 439(2) can direct the person who has already been granted bail to be arrested and commit him to custody on addition of graver and non-cognizable offences which may not be necessary always with order of cancelling of earlier bail.
(iv) In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences, it need to obtain an order to arrest the accused from the Court which had granted the bail.
