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.