in the earlier post i hve read that F.I.R is not mandatory for anticipatry bail then whats the diffrence between blanket bail and anticipatry bail???and can anyone provide any judgment related to anticipatory bail,where F.I.R IS NOT MANDATORY???
there is constitution bench (5 judge)decision of apex court where it has been held rhat "The filing of a first information report is not a condition precedent to the exercise of the power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.
Anticipatory bail can be granted even after an FIR is filed, so long as the applicant has not been arrested. "-- AIR 1980 SC1632 Gurbakhs sing sibia v. State of Punjab (Para 35)
registration of crime ---necessity of to exercise power of Court----fiing of a F I R and registration of crime by the police is not a condition precedent to the exercise of power under section 438 Cr. P.C---Rajsekhara Reddy v. State of A P,1999 Cri L J 1933(AP).