PERSON OUTSIDE INDIA CAN FILE ANTICIPATORY BAIL APPLICATION; BUT BEFORE FINAL HEARING, ACCUSED MUST BE IN INDIA: KERALA HIGH COURT The Kerala High Court has held that Section 438 of the Code of Criminal Procedure has no restrictive mandate that a person outside India cannot file an application seeking anticipatory bail. The only limitation is that prior to the final hearing, the applicant must be inside the country to enable the court to impose and enforce conditions contemplated under the statutory provisions. Therefore, an apprehension of arrest can arise even while the applicant is residing outside the country. Reddy & amp; Reddy is renowned for its experience in litigation. We have successfully represented our clients in civil, commercial and criminal litigation proceedings before the relevant Indian courts.