https://www.taxtmi.com/caselaws?id=297559 Bail under the statutory scheme presupposes actual custody or a legal obligation to surrender, so judicial power to grant it arises only when a person is arrested or required to submit to custody. Mere apprehension of arrest does not create jurisdiction for bail, and the wide language used in bail provisions cannot be read to authorise relief in anticipation of an arrest that has not occurred. The concept of bail was treated as involving release from restraint, not a determination of whether the police should first arrest a person. Accordingly, anticipatory bail is not available to a person who is neither arrested nor bound to surrender under an arrest order. en-us Sat, 16 Mar 1963 00:00:00 +0530 Fri, 10 Sep 2021 11:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297559 Bail under the statutory scheme presupposes actual custody or a legal obligation to surrender, so judicial power to grant it arises only when a person is arrested or required to submit to custody. Mere apprehension of arrest does not create jurisdiction for bail, and the wide language used in bail provisions cannot be read to authorise relief in anticipation of an arrest that has not occurred. The concept of bail was treated as involving release from restraint, not a determination of whether the police should first arrest a person. Accordingly, anticipatory bail is not available to a person who is neither arrested nor bound to surrender under an arrest order. Case-Laws Indian Laws Sat, 16 Mar 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297559