What is an anticipatory bail?
Anticipatory bail is a kind of bail that a person accused of committing a non bailable offence and apprehending arrest can apply for under the Section 438 of the Criminal Procedure Code, 1973 (CrPC). It is issued by the High Court or the Court of Sessions.
Anticipatory bail is a pre-arrest bail. In the order of bail, the court gives a direction that the accused person should be released on bail in the event of his arrest by the police. No anticipatory bail can be issued after the arrest of the person.
Anticipatory bail is an extra ordinary privilege. It should be granted in exceptional cases only.