Anticipatory bail petition is filed under Section 438 of the Code of Criminal Procedure by an accused person who is apprehending arrest by the police. Anticipatory bail petition can be filed before the court of sessions, High Court, Supreme Court of India only. One can file a petition for anticipatory bail even if a First Information Report (FIR) has not been filed and the person is merely apprehending arrest.
Anticipatory Bail petition is filed by a person who is apprehending arrest in relation to criminal offence. In case a person is anticipating that he/she might get arrested or an FIR may be filed against him/her in relation to an offence, he/she can file an application in the appropriate court for anticipatory bail.