Surrender to court after getting anticipatory bail

[Anonymous]

Sir, if a person gets anticipatory bail from the Session Court, then instead of allowing the police to arrest and waiting for that, can such person go to the Magistrate court and surrender there and get regular bail?

[Dr. Ashok Dhamija]

Firstly, it is not understood why should there be a need to surrender to the court when you have already been granted anticipatory bail by the court. Once there is anticipatory bail granted by the competent court, though the police can arrest you it has to release you immediately on bail in terms of the conditions mentioned in the order for anticipatory bail. Therefore, there is no need for worry about the arrest by police.

In any case, if you still want to surrender to the court after having already obtained the anticipatory bail order from the competent court, there is no legal issue and you can surrender to the court and apply for regular bail.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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