Anticipatory bail is limited pre-arrest protection and cannot be used to bar arrest or bypass custody requirements.

Anticipatory bail under Section 438 CrPC is a limited pre-arrest protection available only on a showing of reasonable grounds that arrest in a non-bailable offence is likely. It is distinct from regular bail under Section 439, which presupposes custody, and cannot be turned into a blanket immunity from arrest. An interim order restraining arrest is not contemplated by Section 438 because it would interfere with investigation and defeat the statutory custody requirement. On the stated facts, no case for anticipatory bail was made out, so rejection of the request and refusal of any restraint on arrest were justified.

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Issues: Whether the appellant was entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 and whether the Court could restrain arrest by an interim order while such relief was sought.

Analysis: Section 438 confers an extraordinary pre-arrest remedy available only where the applicant shows reasonable grounds to believe that arrest in a non-bailable offence is likely. The remedy is distinct from regular bail under Section 439, which requires custody. The protective order under Section 438 is meant to operate only on arrest and cannot be converted into a blanket immunity from arrest or used to bypass the statutory custody requirement under Section 439. An interim direction not to arrest would amount to interference with investigation and is not contemplated by Section 438. On the facts, no case for anticipatory bail was made out.

Conclusion: The rejection of anticipatory bail was justified, and no direction restraining arrest could be granted.

Ratio Decidendi: Anticipatory bail under Section 438 is a limited pre-arrest protection that operates only on arrest and cannot be used to bar arrest or defeat the custody requirement for regular bail under Section 439.

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