The direction of the Anticipatory bail is issued to the police by the court of session or the High court as the case may be and the anticipatory bail granted under section 438 of (criminal procedure code) CrPC. Anticipatory bail is granted only if the judge is satisfied that all the conditions which are necessary for such relief have been fulfilled.
if you are a law abiding citizen without any prior record then it is not a very steep requirement and specially if you have a good lawyer as well then you do not need to worry at all. It also depends upon the facts of each and every case.
It is very necessary to be at your lawyer’s office and provide the detailed brief of your case as your valuable inputs will be the base of the bail application. Also follow the legal advice by your lawyer.
Also ask your lawyer to provide you the information about the date of hearing and the judicial proceedings. It is a good idea for you to send somebody you know to go to the court on the date of hearing. Remember that for the order of the anticipatory bail hearing your presence is not required in the court.
The factors to be considered by the judge will be whether you are a person with a good social standing. whether you have prior criminal record, what are the allegations against you, whether your presence is required by the investigating officer, whether you would comply with the condition imposed by the court etc.
Anticipatory bail shall not be granted to a person who has previously been convicted of an offence which carries a punishment which may exceed 7 years. Please note that this definition is slightly different from one involving an offence whose minimum punishment is 7 years or whose minimum punishment is more than 7 years. The bar is much lower than you would be comfortable with in case you have been convicted in a criminal case previously.
you can also read about the Concept of anticipatory bail in my previous blog post. In cases of 498a cases pertaining to cruelty and dowry demand generally some notice period is given to you in case the investigating officer(police officer) wants to arrest you so that you could take appropriate legal steps.
Even the supreme court in many cases has observed that the anticipatory bail should be granted in such cases. The bail to the relatives if living separately is easily obtained however it can take sometime if the you are the husband.
Cases dealing with the anticipatory bail
1. SAVITRI AGARWAL Vs STATE OF MAHARASHTRA – 2009 Supreme court
2. Gurbaksh Singh Sibbia Vs. State of Punjab
3. ONKAR NATH MISHRA & ORS. versus STATE (NCT OF DELHI) & ANR. 2007 supreme court of india