After anticipatory bail

I beg to differ with the opinion expressed by the expert above.If you read section 438 clause 3 of the crpc, it mandates that inspite of being granted anticipagtory bail, the person must apply for regular bail as well at the time of filing the chargesheet. However there are per contra judgements to this effect.One says that it can be disposed off with and the other says that it is necessary to seek regular bail at the time of filing chargesheet inspite of there being grant of anticipatory bail.The legislative intent behind this is to make sure that the accused's right of bail can be decided not only on the basis of the allegations made in ther FIR at the initial stage of the investigation but also at the time of chargesheet.

It was 07 years old case lodged against 10 person against ipc 302/201/34 and charge sheet also submitted with no evidence, but court was taken cognizance.

Please suggest in this case whether regular bail required or not after anticipatory bail.

Yours,

V.Choubey

Mr. Chatterjee is partially right in this regards because the state amendments differ from state to state, and in Tamilnadu, once an anticipatory bail is granted, the accused is surrendered before the concerned court and gets the bail executed as per the conditions of AB, the same is in the case of Maharashtra too, but in Karnataka state, a regular bail is followed by the AB;  To the query of Vivek, it depends on the state where he belongs to; - Advocate Kalaiselvan, Vellore, Tamilnadu

nothing left to add, better read the section 438 of crpc

438. Direction for grant of bail to person apprehending arrest.