Anticipatory Bail--Rejection of Application--High Court Has No Jurisdiction to Direct Surrender Before Lower Court Upon Denial of Anticipatory Bail
A High Court, while rejecting an anticipatory bail application, has no jurisdiction to direct the applicant to surrender before a lower court and seek regular bail. Such a direction is wholly without jurisdiction. Further, in private complaint cases where summons have been issued, anticipatory bail applications are ordinarily unnecessary, as the police have no power to arrest the accused unless a non-bailable warrant is specifically issued alongside or in addition to the summons under Section 87 CrPC.
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