There is no restriction in law on voluntarily surrendering before court and apply for regular bail, when the application for anticipatory bail is still pending for consideration. So, you can surely do it.
In any case, anticipatory bail [under Section 438 Criminal Procedure Code] is a sort of an extra privilege that a person apprehending arrest in a non-bailable offence can apply for. So, merely because you have applied for such privilege and the application is pending, does not mean that your normal right to get regular bail is taken away from you.
But, please remember that once you surrender before the Magistrate court, irrespective of whether or not you get regular bail from Magistrate court under Section 437 Cr.P.C., your anticipatory bail application will automatically become infructuous (since you are already arrested now) and you may withdraw it or the court will dispose of your anticipatory bail application without any further relief.
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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