APPLICATION FOR ANTICIPATORY BAIL U/S 438 OF THE CRIMINAL PROCEDURE CODE 1973
HIGHLIGHTS
1. Grant of Bail [Popularly known as Anticipatory Bail] to a person apprehending arrest.
2. Power to grant by High Court or Court of Session.
3. A person should have reason to believe that he may be arrested on an accusation of having committed a non-bailable offence.
4. While granting bail, the Court may impose certain conditions like not to India without permission of the Court, or to attend some police station, or the Court granting the bail.
5. If such person is arrested without a warrant, he shall be released on bail, or if a warrant is to be issued by the Court, it shall be a bailable warrant.
6. It is an application on an apprehension of arrest.
7. Denial of bail amounts to deprivation of personal liberty.
8. Physical appearance of the applicant is not necessary - he may appear through his counsel.
9. A person can make a direct application to the High Court.
10. The bail granted by the High Court can be cancelled only by the High Court and no other court.

11. The court granting bail has a right to cancel the same.
12. The bail granted by the Court of Session can, however, be cancelled by the High Court.
13. The provision is necessary, because a person may be a victim of a false complaint made by his business or political rival. When a person has reason to believe that he may be arrested on an accusation of having committed or concerned with a non-bailable offence, he may move  the  High  Court  or  Sessions  Court  for  the  grant  of anticipatory bail.