Re: Anticipatory Bail

Guest (Querist) 13 July 2008 This query is : Resolved
Can someone please enlighten me as to how can courts grant anticipatory bail to those accused who have gone into hiding?

Is such an order of the court granting anticipatory bail to absconders justified?

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Guest (Expert) 14 July 2008
It is provision provided in Criminal Procedure Code since the last 100 years or more.
The court can here an application for anticipatory bail based on the statements of the ktih and kin and after such hearing, it can issue the bail with condition that the accused must present himself before the court within a reasonable time and seek bail from that court.

It is perfectly justified.

arunprakaash.m. (Expert) 14 July 2008
The accused must present before the court when the hearing comes for granting anticipatory bail petition.

Kiran Kumar (Expert) 14 July 2008
Not necessary that the accused must be present in the court while hearing is being done on the application of anticipatory bail.......grant of anticipatory bail is a dicretionary relief and can not be claimed as a matter of right....however it depends upon the facts and circumstances of each case to find out whether anticipatory bail is to be granted or not.

Guest (Querist) 14 July 2008
Great answers! Thank you Sirs.....

K.C.Suresh (Expert) 19 July 2008
What is anticipatory bail. When a person apprehends arrest he can approch the court and apply for the same. The order is at the time of the arrest the accused will be released on bail. How that is related to his production before court and court interfearence in the matter. You may go through S.438 Cr.P.C The section is clear. You may read the following rulings: (1985) 2 SCC 597, 1984 SCC (Cri) 63

Srinivas.B.S.S.T (Expert) 15 August 2008
If the accused is apprehending danger to his person in the hands of police or if he is apprehending arrest in the hands of police he can approach the court seeking anticipatory bail. As our law makers opined that may 100 culprits go scott free but not a single innnocent be punished,a s such they have incorporated section 438 and other similar sections.