Anticipatory bail under Section 438(1) of the Criminal Procedure Code. Law Commission of India in its 41st report recommended incorporating this provision in the procedure code. This provision allows a person to seek bail in anticipation of an arrest on the accusation of having committed a non-bailable offence.
On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).
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.
CONDITIONS
The High Court or the court of the session may include such conditions in the light of the facts of the particular case, as it may think fit, including
- a condition that the person shall make himself available for interrogation by the police officer as and when required;
- a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
- a condition that the person shall not leave India without the previous permission of the court.
The applicant must show by disclosing special facts and events that he or she has reason to believe, that he or she may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.
