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...It as a condition of bail in the event of arrest, in exercise of its power under Section 438 of the Code of Criminal Procedure, the High Court or the Court of Session fixes its duration, the accused, if so advised or if so directed by the Court, can seek bail under Section 437 of the Code and/or 439 of the Code and if regular bail is refused but outer limit of the anticipatory bail is not yet over the accused shall not be taken into custody until the expiry of the said period of anticipatory bail and he may, if so advised, move the higher Court for regular bail. If, however as a condition of bail in the event of arrest, it is ordered by the Court while exercising its power under Section 438 of the Code that the anticipatory bail shall enure until regular bail application is heard and ordered, once regular bail application is heard and ordered there would be no surviving order of anticipatory bail which in accordance with prescribed procedure of law must follow the surrender of the accused for regular bail. If the regular bail application is moved within the limited duration of anticipatory bail it is obvious on the expiry of the duration the accused can be arrested and taken in custody. There may be a situation, however when application for regular bail is moved within the duration of anticipatory bail so granted but the order is delayed and it is likely to come after the expiry of the duration the Court hearing the regular bail application can always grant interim regular bail. As a condition however for grant of interim regular bail if it has to operate on and from a date after the expiry of the duration of the anticipatory bail the accused must surrender and be in the custody of the Court on the date of the order. If however no interim order of regular bail is made or the regular bail application is refused and there is no remaining period of anticipatory bail available to the accused he must surrender and if he has not done so he can always be arrested in accordance with the prescribed procedure of law.