Anticipatory bail requires a real apprehension of arrest; inquiry summons for document production did not justify Section 438 protection.

Anticipatory bail under Section 438 CrPC is available only where the applicant shows a genuine apprehension of arrest for a non-bailable offence. A summons requiring attendance for inquiry and production of documents in a service tax matter, without any indication that arrest was contemplated, did not satisfy that threshold. In the absence of any factual basis to invoke Section 438, the jurisdiction for anticipatory bail was unavailable and the request was rejected as not maintainable.

---

---

Issues: Whether anticipatory bail could be granted in the absence of any real apprehension of arrest in a non-bailable offence.

Analysis: Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is attracted only where the applicant shows a genuine apprehension of arrest for a non-bailable offence. The summons issued in this case required the petitioner to attend an inquiry and produce documents in connection with service tax matters. Nothing in the summons or the surrounding circumstances showed that arrest was contemplated. As the petition did not disclose any basis for invoking the protection of anticipatory bail, the jurisdiction under Section 438 was not available.

Conclusion: The request for anticipatory bail was not maintainable on the facts and was rejected.

---