Can culprits get anticipatory bail without the Policeman permission

714 votes

Sir, the concept of anticipatory bail is one where an accused is protected from arrest in the event the IO seeks to arrest him or her. The application is usually filed after registration of FIR before the sessions court and subject to discretion of court such bail may be granted

Advocate Rajat Joseph LawRato

776 votes

Anticipatory bail is granted by the court of Additional Session Judge and above u/s 438 Code of Criminal Procedure on an application moved by the person apprehending his arrest by the police. Before granting the anticipatory bail, the court concerned sends notice to the concerned police station along with the copy of the anticipatory bail application and fixes the date for the hearing. On that day the court calls the I.O., along with the case file. after hearing the arguments of the prosecution and the defense counsels the court decides the issue as to whether the accused should be granted bail or other wise.
The investigating Officer generally informs the Complainant regarding the date of hearing of the bail matter. However it is not incumbent upon him to do so. It may be possible the the public prosecutor might not have argued the matter seriously leading to the granting of the bail of the accused. You are free to take further advice from me.

Advocate Harish Chandra Yati LawRato

621 votes

culprit can not take the anticipatorybail without the permission/positive report of concerned police station when the case have already been registered againt the cu;lprit. But aomw case my means rare case the concerned Magistrate can give the bail after some proof, witnesses and own satisfaction .

LawRato LawRato