Answer By law4u team
Yes. The primary purpose of anticipatory bail is to protect a person from immediate arrest in a non-bailable offence. However, the protection is available only after the court grants anticipatory bail or interim protection. Filing an anticipatory bail application does not, by itself, prevent the police from arresting the applicant. If the court grants anticipatory bail: The applicant cannot ordinarily be arrested in connection with the specified offence, provided they comply with the conditions imposed by the court. If the police seek to arrest the applicant, they must release them on bail in accordance with the court's order. In urgent cases, the court may grant interim protection from arrest until the final hearing of the anticipatory bail application. While deciding the application, the court considers factors such as: The nature and gravity of the offence. The applicant's role in the alleged offence. Whether custodial interrogation is necessary. The likelihood of the applicant absconding. The possibility of tampering with evidence or influencing witnesses. The applicant's cooperation with the investigation. The court may impose conditions, including: Appearing before the Investigating Officer when required. Cooperating with the investigation. Not threatening or influencing witnesses. Not tampering with evidence. Complying with any other conditions considered appropriate by the court. If the anticipatory bail application is rejected and no interim protection is in force, the police may arrest the applicant in accordance with law. Therefore, anticipatory bail can protect a person from immediate arrest, but only after the court grants such protection. Merely filing the application does not provide immunity from arrest.
