Anticipatory Bail therefore refers to bail in anticipation of an impending arrest. As anticipatory bail by its very nature preempts arrest, it cannot have basis under Article 49 of the Construction. A magistrate’s court should not decline jurisdiction to hear and determine an application for anticipatory bail pending arrest." The learned Judge cannot purport to grant magistrates' courts jurisdiction where none has been by law given. The power to grant of anticipatory bail is clearly an exclusive jurisdiction of the High Court and the Magistrates Courts are excluded in the exercise thereof.

Source: The Star May 26, 2019 04:07 UTC