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anticipatory bail

(Querist) 15 June 2008 This query is : Resolved 
Can an anticipatory bail petition be filed for bailable offences. The police filed a case under sections 447,509 and 506 against the accused as all the offenses are bailable, can an petition under section 438 Cr.P. C be filed?
J K Agrawal (Expert) 15 June 2008
NOOOOOOOOOO as the section applicable only when case is non bailable.
arunprakaash.m. (Expert) 16 June 2008
With regarding to bailable offence there is no necessary to file anticipatory bail petition under sec438 crpc. It is a statutory right provided to you for seeking bail at the police station itself.
kumar sachin (Expert) 16 June 2008
no, not at all, an anticipatory bail can not b filrd and if filed, shall not be heard since in bailable offences, statutory right of bail has been given to the accused. and as the accused appears before the court and prays for bail, the court allows him/them bail.
a.haridasan (Expert) 20 June 2008
ear srenivas ,u can very well surrender before the court of magistrate concerned and can file an application u/s 436 of crpc for bail as per the law.
SANJAY DIXIT (Expert) 25 June 2008
As it is clear itself from s. 438 Cr.p.c.; anticipatory bail petition can't be filed for bailable offences.

438. Direction for grant of bail to person apprehending arrest:---(1) When any person has reason to believe that he may be arrested on an accusation of having committed a "non-bailable offence", he may apply to the High Court or the Court of Sessions for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
Srinivas.B.S.S.T (Querist) 29 June 2008
Thank you friends for your response.


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