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Anticipatory bail: 'Arrest first, then allow bail'

There is no legal provision that allows an accused who has obtained anticipatory bail to surrender and thereby avoid arrest, the Kerala high court said. The accused should be arrested even if anticipatory bail is obtained and needs to be let out on bail only following the arrest, the court clarified.

The high court was considering an order issued by Kalpetta additional sessions court-II on anticipatory bail petitions filed by Anthru Ibrayi Haji and Kamarunneesa Salim of Wayanad. They were asked to surrender within 10 days.

"I do not find any provision in the Code (CrPC) empowering the court to direct the petitioner in an application under Section 438 (anticipatory bail) of the Code to surrender before the investigating officer. The object of the section is not to help the accused avoid arrest. The direction to surrender militates against the concept of 'anticipatory bail'," Justice K Abraham Mathew said in the judgment.

Article referred: http://timesofindia.indiatimes.com/city/kochi/Anticipatory-bail-Arrest-first-bail-next/articleshow/48398354.cms

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