Anticipatory Bail

Anticipatory Bail

Under Section 438 of the Criminal Procedure Code, there’s is a provision for an individual to seek out for ‘Anticipatory Bail’. This means that an individual could seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offense.

Section 438 of the Criminal Procedure Code

Direction relating to the grant of bail to an individual who is apprehending an arrest:

1.    When an individual has reason to believe that he can be arrested on an accusation of having committed a non-bailable offense, he may make an application to the High Court or the Court of Session for a direction underneath this section; which Court might, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

2.    When the High Court or the Court of Session makes a direction under subsection (1), it might consist of such conditions in such directions in view of the facts of the case, as it may think fit, including:

        •    a condition that the individual shall make himself available for interrogation by a police officer as and when required.

        •    a condition that the individual may not, directly or indirectly, make any inducement, threat or promise towards any individual acquainted with the facts of the matter in order to dissuade him from disclosing such details towards the Court or to any police officer.

        •    a condition that the individual shall not leave India without the previous permission of the Court.

        •    such other condition as might be imposed under subsection (3) of section 437, as if the bail were granted under that section.

3. If such individual is then arrested without any warrant by an officer in charge of a police station on such allegation, and is prepared either at the time of arrest or at any time during the person was in custody of such officer in order to give bail, the person would be released on bail; and if a Magistrate taking charge of such offense decides that a warrant must issue in the initial instance against that individual, he would issue a  bailable warrant in conformity with the direction of the Court under subsection (1).

 Competent Jurisdiction for Anticipatory bail

An applicant can approach the courts within whose jurisdiction he apprehends his arrest. It is irrelevant that the alleged offense has been committed outside the jurisdiction of such courts. If the Courts do not have territorial jurisdiction it may yet grant Anticipatory Bail for a short term with adequate safeguards for approaching the Court having jurisdiction to entertain such application after considering the facts and circumstances involved therein.

Anticipatory Bail Conditions

For getting an anticipatory bail the individual must seeking it and should approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving appropriate reason, apply for it. If the court, depending on a number of conditions and the nature of the matters, sees merit in the petition the bail is granted. Hence if and once the individual is detained, he/she will be immediately released on the basis of the anticipatory bail.

Conditions the court may consider while granting anticipatory bail may contain, but are not restricted to:

•    The individual shall make him/herself available for interrogation by the police as and when required by them

•    The person shall not directly or indirectly  make any threat, promise or offer any bribe to any person who is connected to the case or knows facts about the matter, in order to keep them quiet or to get them to alter their report of facts to the court or the police

•     An assurance that the individual shall not leave India without any prior permission from the court.

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Author:

eStartIndia Team