Anticipatory bail cannot bar surrender before trial court after charge-sheet; regular bail must then be sought and decided on merits.

Anticipatory bail under Section 438 CrPC is intended to protect an accused from unnecessary arrest during investigation, but it cannot operate as a blanket shield after filing of the charge-sheet. The Supreme Court explained that such relief is ordinarily of limited duration and cannot be framed so broadly that the accused is kept away from the trial court and exempted from the ordinary criminal process. On that reasoning, the earlier order was modified: the accused was directed to surrender before the trial court forthwith and seek regular bail, which was to be decided on merits in accordance with law.

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Issues: Whether the order granting anticipatory bail was liable to be modified so as to require the accused to surrender before the trial court and seek regular bail.

Analysis: Anticipatory bail is intended to protect a person from unnecessary arrest during investigation, but it is not meant to operate as a blanket protection insulating the accused from surrendering before the court or appearing during the trial. An order under Section 438 of the Code of Criminal Procedure, 1973 cannot be framed so widely that the accused is effectively exempted from the ordinary process of the criminal court after investigation culminates in a charge-sheet. The earlier authorities on anticipatory bail make clear that such relief is ordinarily of limited duration and that the accused must thereafter submit to the jurisdiction of the regular court and seek appropriate bail there. In the present case, the continuation of the earlier order had the effect of keeping the accused away from the trial court altogether, which was impermissible.

Conclusion: The order granting anticipatory bail was modified, and the accused was directed to surrender before the trial court forthwith and apply for regular bail, which the trial court was to decide on merits in accordance with law.

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