If Section 438(4), CrPC is treated as an absolute bar on granting pre-arrest bail, there will be no protection available to innocent persons against whom false accusations are made, the Kerala High Court reasoned.
The Uttarakhand High Court has, by a 2:1 majority, held that application for ‘anticipatory bail’ under Section 438 CrPC can be entertained even after submission of charge-sheet. In their concurring.
Q.31 Can anticipatory bail be granted in respect of economic offences involving violation of FERA to the tune of millions of US Dollars ? Ans. Yes. In Gurbaksh Singh Sibbia (Supra - AIR.
Q.26 Whether a person who apprehends arrest not by a police officer, can seek anticipatory bail under Section 438 Cr.P.C? Ans. Yes. (Vide –H.S Manjunath v. State of Karnataka 1995 Cri.LJ.
The Allahabad High Court (Division Bench) recently held that a child in conflict with the law has an equal and efficacious right to seek his remedy of anticipatory bail under Section 438 CrPC like any.