14 Oct 2026 08:39 AM

Anticipatory Bail -- Accused Already Released on Earlier Anticipatory Bail -- Petition not maintainable for person in constructive custody

Code of Criminal Procedure, 1973, S.438 -- Anticipatory Bail -- Accused Already Released on Earlier Anticipatory Bail -- Once an accused surrenders before the court pursuant to an order granting anticipatory bail, furnishes his bail bond and is released, he is in constructive custody of the court through his sureties -- He cannot thereafter claim apprehension of arrest so as to maintain a fresh anticipatory bail petition -- Appropriate remedy is to surrender and seek regular bail.

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