What is Anticipating Arrest ?
Anticipatory bail is a direction to police not to arrest, issued even before the person is arrested.
Under Section 438 of Cr.P.C, an application has be submitted to t he Hon’ble Court for anticipatory bail. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. On filing of anticipatory bail, the opposing party is notified about the bail application and the Public Prosecutor, will represent on behalf of police and oppose the Anticipatory Bail and after hearing the arguments from both the sides, the Hon’ble Court will pass orders accordingly. Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.