Supreme Court of India
M. Abbas v. State of Kerala
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the conditions required by r. 184 of the Rules must be impliedly imported in s. 438 of the Code so as to form the main guidelines which have to be followed while the Court exercises its power under s. 438 of the Code in offences contemplated by r. 184 of the Rules.
Judgment, page 15
From the headnote
Section 438 and r. 184 operate at different stages, one prior to arrest.and the other after arrest and there is no overlapping between these two provisions. Rule 184 does not stand in the way of a Court of Sessions or a High Court granting anticipatory bail under s. 438. [57G] 1. The term ’anticipatory bail’ is a misnomer. It is not as if the bail is presently granted by the court in anticipation of arrest. When the court grants anticipatory bail it makes an order that in the event of arrest a person shall be released on bail.
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