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Where and when to file for an anticipatory bail


When to apply for an anticipatory bail?

When you have a reason to believe that, you may be arrested for a non-bailable offence. You must apply for an anticipatory bail under Section 438 of Code of Criminal procedure.

Once you secure an anticipatory bail, the police cannot arrest you but you will be required to visit the police station for any kind of questioning or inquiry.

Where can I apply for an anticipatory bail?

You can apply for an anticipatory bail in the-
  • Sessions court within your city, or  
  • the High court 

Requirements to get an anticipatory bail:

The Court may require you to:
 
1. Be present for investigation and if you do not cooperate with the investigating agency, you shall be arrested.
2. The court may seize your passport and such other related documents like the title deeds of your property or fixed deposit receipts or share certificates.
3. You may be further required to submit certain bail bond and sureties which shall include the following:
i. Sureties of number of persons.
ii. An undertaking that you would not visit the place where the witness resides. This is done to avoid the possibility of tampering of evidence or influencing the course of justice.
iii. Your bank accounts shall be frozen for a small duration during investigation.


 

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