Section 438 of the Code of Criminal Procedure, 1973 provides that 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.
It is to be kept in mind that the filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 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. The grounds, on which the belief of the applicant is based that he may be arrested for a non-bailable offence, must be capable of being examined by the Court objectively.
Specific events and facts must be disclosed by the applicant in order to enable the Court to judge of the reasonableness of his belief, the existence of which is the sine qua non of the exercise of power conferred by the Section. The duration for the validity of the AB is stated by the Courts while granting the same and the Court grants it on the basis of the facts and evidences produced with respect to the case.
To obtain an AB, get your lawyer to draft an anticipatory bail application mentioning your version of the facts of the case, and apply the same at the appropriate district court. The matter will come up for hearing. The court will have sent a notice to the CAW cell, and their officer will appear on this date, along with a public prosecutor. The Court will decide and if it thinks fit, will grant an AB.
You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at firstname.lastname@example.org