What you mean by Anticipatory bail

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. It is only issued by the Sessions Court and High Court.

Under section 438 of Criminal Procedure Code, 1973(Cr. P.C) if a person is likely to be arrested can apply for anticipatory bail for the crime he did not commit but it should be before he is arrested to appear before court, to apply for the anticipatory bail application and prove his innocence.

Who can give anticipatory bail?

Anticipatory bail can be obtained by a person who anticipates arrest. Hence, anticipatory bail is a direction to release a person on bail, even before the person is arrested. Anticipatory bail is applied for under Section 438 of the Criminal Procedure Code.

How long is anticipatory bail valid?

At the first stage, you will get an interim protection order which is valid till the final disposal of the anticipatory application. At the second stage, immediately after the Court receives the CD from the police, you will get the bail order whose validity will be till the end of the GR case.

Can police cancel anticipatory?

Only High court and District court have power to grant Anticipatory bail. Police cannot cancel the bail granted by the said court. The power to cancel the bail is vested in the court.

Can anticipatory bail be rejected?

While the applicant had been granted interim protection under Section 438(1) of the CrPC by the Sessions Court, the Bombay High Court further granted interim protection stating that if the ABA before the Sessions Court is rejected during the pendency of the High Court proceedings, then the interim protection granted.

N.Medhiga Lakshmi / Final year / Saveetha School of Law