Anticipatory bail

The Bombay high court held that, anticipatory bail cannot be sought when warrant is issued during the trial due to non-attendance of the accused.
In this case, the magistrate issued a non bailable warrant and thereafter issued proclamation against the accused.
Question before the court is limited as to whether this Court can invoke its power under section 438 of Cr. P.C. to grant anticipatory bail when the Magistrate has issued non-bailable warrant in the case filed under section 138 of N.I. Act. Under section 438 of Cr. P.C., the Sessions Court and High Court has power to grant bail to a person apprehending arrest in non-bailable offence.
The learned Sessions Court has hence rightly rejected the application for anticipatory bail.
Thus, arrest pursuant to warrant of arrest issued under section 70 of the Code has wider import than the arrest apprehended under section 438 of the Code. It needs to be clarified that such order of issuance of warrant of arrest by the Magistrate can be challenged before the High court under section 482 of the Code or by filing Writ under Article 226/227 of the Constitution, but not under section 438 of the Cr. P.C.

Hemant Rajendra Bhatt vs The State Of Maharashtra.
Citation - 2015(2) MHLJ 84