2007-09-14 21:43:55 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Section 438 of the Criminal Procedure Code provides for the anticipatory bail. Section 438(1) provides Direction for grant of bail to person apprehending arrest:---(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
Section 438 (1) of the Code lays down a condition which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has "reason to believe' that he may be arrested for a non-bailable offence. The use of the expression "reason to believe" shows that the belief that the applicant may be so arrested must be founded on reasonable grounds. Mere 'fear' is not 'belief', for which reason it is not enough for the applicant to show that he has some sort of a vague apprehension that 'some one is going to make an accusation against him, in pursuance of which he may be arrested. The grounds on which the belief of the applicant is based that he may be arrested for a non-bailable offence, must be capable of being examined by the court objectively, because it is then alone that the court can determine whether the applicant has reason to believe that he may be so arrested S. 438 (1), therefore, cannot be invoked on the basis of vague and general allegations, as if to arm oneself in perpetuity against a possible arrest.
2007-09-14 22:44:01 · answer #1 · answered by vijay m Indian Lawyer 7 · 6⤊ 0⤋
Anticipatory Bail is a word popularly known for an order of either a Sessions Court or a High Court for grant of bail to person apprehending arrest.
This simply means, a person apprehending arrest in a cognizable offence can approach either a Sessions Court or a High Court and seek an order directing his release on bail in the event of arrest.
2007-09-15 18:53:41 · answer #2 · answered by Shrichand Nahar 2 · 0⤊ 0⤋
The requisition moved in front of a court of law for bail when a person suspects his arrest and police custody may take place in connection with any charge of case that is being initiated by another person or body.
2007-09-14 22:13:53 · answer #3 · answered by thannickan 3 · 0⤊ 0⤋
Anticipatary bail means when a person is in police custody
he appeals to the court for releasing himself for few days.For which he has to pay a sum amount of money decieded by the judge
2007-09-14 21:53:55 · answer #4 · answered by MADHU S 1 · 0⤊ 0⤋
Except in criminal charge levied by police affected person can obtain anticipatary bail so that he can appear directly in court only, without any police introduction/ investigation.
2007-09-14 22:12:01 · answer #5 · answered by deepak57 7 · 0⤊ 0⤋