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CrPC. However, neither the Parliament nor the Himachal Pradesh Legislative Assembly placed any restrictions on S. 437 or 439 CrPC in SCSTPOA.

History of interim bail on surrender:

9. Before the insertion of the provision of anticipatory bail in the Code of Criminal Procedure of 1973, the previous Code of Criminal Procedure of 1898 did not provide for anticipatory bail.

10. In Emperor v. Mahammed Panah, AIR 1934 Sind 131, Para 3, [CrPC 1898], Sindh High Court observed that the first step which must be taken by any person who wishes to be admitted to bail is to appear before the Court and to surrender.

12. In Amir Chand v. Crown, 1950 CrLJ 480, [CrPC 1898], Full Bench of High Court of East Punjab holds, (26). My conclusions may now be briefly summarised. The very notion of bail presupposes some form of previous restraint. Therefore, bail cannot be granted to a person who has not been arrested and for whose arrest no warrants have been .

issued. Section 498, Criminal Procedure Code, does not permit the High Court or the Court of Session to grant bail to anyone whose case is not covered by S.496 and S.497, Criminal Procedure Code. It follows, therefore, that bail can only be allowed to a person who has been arrested or detained without warrant or appears or is brought before a Court. Such person must be liable to arrest and must surrender himself before the question of bail can be considered. In the case of a person who is not under arrest, but for whose arrest warrants have been issued, bail can be allowed if he appears in Court and surrenders himself. No bail can be allowed to a person at liberty for whose arrest no warrants have been issued. The petitioners in the present case are, therefore, not entitled to bail. The question referred to the Full Bench is, therefore, answered in the negative.

the "inquiry" i.e. pre-trial stages including exercise of power under Section 156(3) of the Code and thereafter he shall transmit all such cases to the special Court situated within that jurisdiction.

35. While considering plea of surrender and interim bail, when the Court gets information of FIR disclosing only bailable offences, then such Court has to set her free and let her go. On the contrary, when upon surrender, the accused neither pleads nor orally contends for interim bail, then it amounts to subverting S. 437 CrPC and bypassing the Courts of Judicial Magistrate. In such matters, the Court need not accept surrender and leave it to the Public Prosecutor to take a call, or the concerned SHO/I.O., if present in Court.

Conclusion- The above analysis gleans that post surrender the grant of interim bail does not subvert the barred provision of anticipatory bail:

63. Bail is the antithesis of custody. In the absence of any riders or restrictions under S. 439 CrPC, any person accused of a non-bailable offence, under any penal law, including the violations under the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, can apply under section 439 CrPC, offering to surrender and simultaneously seeking interim bail. On receipt of such application, the Court is to satisfy that the applicant stands arraigned as an accused in a FIR disclosing Non-Bailable offences. If all these parameters are complete, then the Courts are under an obligation to accept surrender. Since custody is a sine qua non for considering a bail application, the Court is under an obligation to consider the prayer for interim bail after this deemed custody. All such pleas fall under the scope of S. 439 CrPC itself, and there is no need to invoke S. 482 CrPC. After that, granting .