https://www.taxtmi.com/caselaws?id=195628 Section 438 CrPC confers only pre-arrest protection, and the court must act within that statutory limit. After declining anticipatory bail, it cannot indirectly grant the same relief by directing that the accused be released on surrender before the Magistrate on terms fixed by that court. Such a direction bypasses the distinct post-custody regime under Sections 437 and 439 and is beyond jurisdiction. The impugned order was therefore invalid and set aside, and the accused were left to seek regular bail in accordance with law. en-us Fri, 04 May 2012 00:00:00 +0530 Mon, 12 Mar 2018 18:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195628 Section 438 CrPC confers only pre-arrest protection, and the court must act within that statutory limit. After declining anticipatory bail, it cannot indirectly grant the same relief by directing that the accused be released on surrender before the Magistrate on terms fixed by that court. Such a direction bypasses the distinct post-custody regime under Sections 437 and 439 and is beyond jurisdiction. The impugned order was therefore invalid and set aside, and the accused were left to seek regular bail in accordance with law. Case-Laws Indian Laws Fri, 04 May 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195628