An order of grant of anticipatory bail under Section 438 of the Criminal Procedure Code basically is “a direction under this section that in the event of such arrest he shall be released on bail”. What it implies is that as and when you are arrested, you shall be released on bail in terms of the order of anticipatory bail.
The police may already be aware of the anticipatory bail order since the court would generally pass the anticipatory bail order after hearing the public prosecutor who represents the investigating officer.
In any case, it is not expected that you should yourself go and approach the police after getting the anticipatory bail order. But, even if you do so, that should be alright. Otherwise, as and when the police officer concerned feels the need to arrest you, he would have to release you on bail in terms of the order of anticipatory bail passed by the court. So, you may better wait.
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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