Section 438 The Code Of Criminal Procedure, 1973

Section 438 in The Code Of Criminal Procedure, 1973
438. Direction for grant of bail to person apprehending arrest.
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offense he may apply to the High Court or the Court of Session for a direction under this section and that Court may if it thinks fit direct that in the event of such arrest he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub-section (1) it may include such conditions in such directions in the light of the facts of the particular case as it may think fit including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required.
(ii) a condition that the person shall not, directly or indirectly, make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
(iii) a condition that the person shall not leave India without the previous permission of the Court.
(iv) such other condition as may be imposed under sub-section (3) of section 437 as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail be shall be released on bail and if a Magistrate taking cognizance of such offense decides that a warrant should issue in the first instance against that person he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1).

Complete: the-code-of-criminal-procedure-1973