Remedies When Chargesheet Is Filed Without Arrest

Various remedies are available to protect the liberty of a person who has not been arrested during investigation but is fearful of being taken into custody by the court upon his first appearance. This article discusses s. 205, anticipatory bail, s. 88, and regular bails as the remedies.

I. Introduction

Individual liberty is paramount. However, a person may be deprived of such freedom and liberty when he is accused of having committed a crime and his custody is thought fit by the agency investigating such crime or by the jurisdictional court. A balance of convenience has to be nonetheless drawn up between the two aspects – the person's liberty and the necessity of custody. It often happens that the investigation agency may find the person guilty of having committed the crime, but still doesn't feel the need to arrest the person – such person may have well cooperated during the investigation and there may be no apprehension that he would not attend trial.