Anticipatory Bail

Anticipatory Bail means release in event of arrest. Section 438 Cr.P.C deals with it. If a person believes that he may be arrested for a non-bailable offence, he may apply to the High Court or Court of Session for anticipatory bail i.e., in the event of arrest, he shall be released on bail. The court (High Court or Court of Session) whosoever is granting anticipatory bail while granting the same may impose certain conditions which should be fulfilled and obeyed by the person whom anticipatory bail is granted.

Section 438 of Criminal Procedure Code states as follows;

1. When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest he shall be released on bail.

2. When the High Court or the Court of Sessions makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-

(a) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(b) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(c) A condition that the person shall not leave India without the previous permission of the Court.

(d) Such other condition as may be imposed.

If such person is thereafter arrested without warrant by an officer-in-charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail. If a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court.

Anticipatory bail can not be granted in all the case. It depends upon each and every matter whether Anticipatory Bail granted is in interest of justice or not. It is for the limited duration only followed by the regular bail by the court regularly dealing in the case.

Anticipatory bail can not be granted as a matter of right. Applicant can approach High Court for grant of anticipatory bail even if his application is rejected by the Court of Sessions, and further he can approach SC if his application is rejected at high court.