Anticipatary Bail granted by bench of Hon'ble Justice B.V. Nagarathna and Justice N Kotiswar Singh

The scope of anticipatory bail under Section 438 CrPC
Section 438 primarily addresses pre-arrest bail for non-bailable offences. A person apprehended for arrest may apply to the Court of Session or High Court for a direction to be released on bail. The power to grant anticipatory bail is ultra vires for the lower courts. Section 438(1A) of the Criminal Procedure (Amendment) Act, 2005 deals with the following factors that the court considers before granting anticipatory bail:
The nature and gravity of the accusations.
The charge levelled against the applicant intends to harm or humiliate him by having him detained.
The applicant’s record, including whether he has previously been imprisoned or sentenced by a court for any cognizable offence.
The potential of the applicant to defy justice.
If the High Court or Court of Session has not issued an interim order or has rejected the application for anticipatory bail, an officer in charge of a police station may arrest the applicant without a warrant based on the accusation included in the application. When a court provides an interim order, the applicant is required to submit a seven-day notice to the public prosecutor, and the application is only approved or refused after addressing it.
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