438. Direction for grant of bail to person.
pratik
(Querist) 05 August 2010
This query is : Resolved
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 Session for direction under this section; and that court may, if it thinks fit, direct that in the even of such arrest, he shall be released on bail.
Query : So we can say that if the offence is bailable than this section can't be used for anticipatory bail or we can say that if the offence is bailable than anticipatory bail is not grant. Pls advice or comment or anyu case laws.
Thanks In advance.
Dr. Jyothi Vishwanath
(Expert) 06 August 2010
if the offence is bailable, then when the accused is arrested by the police, he can demand bail in the police station itself as of right. hence there is no need to take anticipatory bail in such cases. in the cases of non-bailable offences, generally the police has no authority to grant bail and has to produce the accused before the court issuing warrant. to avoid all these, accused can take an anticipatory bail in advance. thence this section has no application when the offence is bailable.
