Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.

Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.

To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.

Dear Sir,

I am asking when I need to submit the money for bail???
at the time when the bail granted in the court (altough no FIR registered)

or

at the time when police comes to arrest??

Originally posted by : ramachary64@gmail.com
	Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence. Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested. To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.

Dear Sir,

I am asking when I need to submit the money for bail???
at the time when the bail granted in the court (altough no FIR registered)

or

at the time when police comes to arrest??

Originally posted by : ramachary64@gmail.com
	Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence. Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested. To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.

At the time of granting the bail, court will ask you to deposit certain money depend upon the case severety. After paying money in the courts only court will grant the bail..This is common in every case.

Dear Vivek

my opinion on your queries are as under

when I need to deposit money for Anticipatory bail-

Opinion: no need to deposit any money any where for Anticipatory Bail, engage a lawyer pay the fee to him/her and file AB before court.

when the bail order is passed??

Opinion: when the matter will be listed then the court pass an order it may be next 1-2 days after filing the application.

or 

when police comes to arrest us?

Opinion: police can not arrest you or your family directly in 498A case, after register the FIR the police issue a notice to join the investigation u/s 41A of Cr.P.C and if you are not ready to go and join the investigation then police can arrest other wise not but if thre is any urgent situation or circumstances then police may arrest any time but in this situation the IO shall mention the reason of urgency for arresting.

it will be better to contact a lawyer and file AB application and get bail/notice bail order from the court.

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