https://www.taxtmi.com/caselaws?id=283061 Section 438 CrPC was held to provide only pre-arrest protection: the court may direct release on bail if arrest occurs, but cannot frame directions that restrain arrest itself or otherwise substitute for regular bail and investigation. Section 439 CrPC was confirmed to be available only after the accused is in custody, so once arrest takes place the proper course is to seek regular bail before the competent court. The judgment thus limited anticipatory bail to its statutory function and disapproved attempts to use it as a means of bypassing the custody requirement or the ordinary bail process. en-us Fri, 23 Feb 2007 00:00:00 +0530 Thu, 01 Feb 2024 16:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283061 Section 438 CrPC was held to provide only pre-arrest protection: the court may direct release on bail if arrest occurs, but cannot frame directions that restrain arrest itself or otherwise substitute for regular bail and investigation. Section 439 CrPC was confirmed to be available only after the accused is in custody, so once arrest takes place the proper course is to seek regular bail before the competent court. The judgment thus limited anticipatory bail to its statutory function and disapproved attempts to use it as a means of bypassing the custody requirement or the ordinary bail process. Case-Laws Indian Laws Fri, 23 Feb 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283061