Anticipatory bail
abhishej
(Querist) 02 February 2015
This query is : Resolved
hello!sir/madam.I want to know that what is anticipatory bail and under which condition we apply for anticipatory bail
P. Venu
(Expert) 03 February 2015
What is your problem, if any?
Nadeem Qureshi
(Expert) 03 February 2015
Dear Querist
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.[1]
On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).
Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested
When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.Anticipatory Bail can be granted by Sessions Court, High Court and Supreme Court.
The High Court or the court of session may include such conditions in the light of the facts of the particular case, as it may think fit, including:
a condition that the person shall make himself available for interrogation by the police officer as and when required;
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;
a condition that the person shall not leave India without the previous permission of the court.
If such person is thereafter arrested, 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 and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.
ajay sethi
(Expert) 03 February 2015
academic query
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
Plenty of academic queries by the same author, so no reply, hence forth.
