Right of pre-arrest bail is rare and very limited which could be extended in very strong and exceptional circumstances, which are based on malafide / enmity. Section 498 Cr.P.C. throw light on the topic of pre-arrest bail. This section empowers High Court and sessions court to grant pre-arrest bail in cases of exceptional nature. But such power has to be exercised according to rule and guiding lay down by superior courts.
According to Supreme Court in order to grant pre-arrest bail following conditions must be fulfilled.
- 1) Arrest being for ulterior motives such as humiliation and unjustified harassment.
- 2) Prosecution motivated to causes irreparable injury to the reputation and liberty.
- 3) Motivation of police on political consideration.
- 4) Heinousness of offence by itself not sufficient for refusal of bail.
Hence if we sum up the main conditions before grant of pre-arrest bail those are:
- 1) Genuine proved apprehension of imminent arrest.
- 2) Petitioner should physically surrender to the court.
- 3) Apprehension of harassment and under irreparable humiliation by unjustified arrest.
- 4) It should be otherwise fit case on merits.
In general course the petition is filled in the Court of Session but it can also be filed in High Court if there is responsible explanation. In practice a person who obtain the anticipatory bail ( Abori) go to police to help them in investigation and after hearing argument court whether confirm the bail or reject it.