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How to Get Anticipatory Bail

 





Anticipatory bail is a powerful tool to protect against unjustified police arrests and cases filed against ordinary citizens. Criminal law categorizes offenses into two types: bailable and non-bailable. In bailable offenses, an accused can obtain bail as a matter of right, whereas, in non-bailable offenses, bail is granted only at the discretion of the court. In non-bailable offenses, the police often arrest the accused and place them in judicial custody for up to 14 days. Despite several established legal principles discouraging unwarranted incarceration, the police sometimes adhere to traditional methods of detention. Anticipatory bail, or pre-arrest bail, is available to individuals who are named as accused in non-bailable offenses. Under Section 482 of the Bharatiya Nagarik Suraksha Sanghita (BNSS), any person who has reason to believe they may be arrested on a non-bailable charge can apply to the High Court or the Court of Session for anticipatory bail. The court may direct that the accused be released on bail in the event of their arrest. The court may also impose certain conditions or directives, such as: 1. A condition that the person must be available for police interrogation as required. 2. A condition that the person shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case, to dissuade them from disclosing facts to the court or to a police officer. 3. A condition that the person shall not leave India without the court’s prior permission. 4. Any other condition deemed appropriate by the court. The law regarding anticipatory bail has undergone significant changes with the implementation of the new criminal law, specifically Section 482 of BNSS. This section removed guiding factors that courts previously considered when hearing anticipatory bail applications, such as the nature and gravity of the accusation, criminal history, and the likelihood of the accused fleeing from justice. This removal has expanded the discretionary powers of the courts hearing these applications. Courts remain the last recourse for the general public to protect themselves from malicious prosecution and defamation. Provisions like anticipatory bail empower ordinary citizens, shielding them from unjust detention by authorities or other individuals, thereby preventing them from languishing behind bars.

Advocate GOPIKRISHNAN R, Criminal Lawyer Kerala  9605294487



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