482. Direction for grant of bail to person apprehending arrest.
(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:—
- the nature and gravity of the accusation;
- the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
- the possibility of the applicant to flee from justice; and
- where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested,
either reject the application forthwith or issue an interim order for the grant of anticipatory bail:
Provided that where the High Court or, as the case may be, the Court of Session has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in charge of a police station to arrest, without warrant, the applicant on the basis of the accusation apprehended in such application.
(2) Where the High Court or, as the case may be, the Court of Session considers it expedient to issue an interim order to grant anticipatory bail, the Court shall indicate the date, which shall not be later than the date on which it has been indicated in the notice given to the Public Prosecutor, on which the application for the grant of anticipatory bail shall be finally heard, and the Court shall finally hear the application on that date.
(3) When the Court grants an interim order under sub-section (1), or the final order of anticipatory bail, it may impose such conditions in the interests of justice as it deems fit, including—
- a condition that the person shall make himself available to the police officer for interrogation as and when required;
- a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
- a condition that the person shall not leave India without the previous permission of the Court;
- such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.
(4) An officer in charge of a police station shall, on receipt of the order granting bail to any person under sub-section (1), release such person on bail.