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 on the part of complainant or police. Section 498 Cr.P.C. provides the law of pre-arrest bail. This section empowers High Court or session 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 Higher Courts for 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 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 the pre-arrest bail petition is filled in the Court of Session but it can also be filed in High Court in exceptional circumstances. In practice a person after pre-arrest bail join the investigation and record his version before the police. After hearing argument court can confirm or reject the bail.
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