Please advice if a person can obtain anticipatory bail with regard to section 498a without an FIR against him which he suspects will be filed and if the accused suspects foul play by police in arresting without notice there by putting the accused behind bars ruining his reputation.
Thank you Raveena ma'am. My friend has this trouble and he is hesitating to apply for anticipatory bail as he is so convinced that he can obtain AB(anticipatory bail) only after an FIR is filed against him and he is informed of it, your reply helped him. Also please clarify if a person is absconding while an arrest warrant is issued will he be granted bail or should the person be in custody to apply for a bail.
Anticipatory bail can be applied for both before and after the registration of an FIR. It's a common misconception that it can only be resorted to after the FIR has been already been registered. Regular bail can be applied for after the accused has been arrested. Also, to clarify, a person who is absconding is technically one trying to escape responsibility. Please be assured such a person may not be dealt with leniently by the court of law.