Section 438 of the Criminal Procedure Code 1973 provides for anticipatory bail. It empowers the High Court and the Court of session to grant bail to persons apprehending arrests on an accusation of having committed a non-bailable offence. The term “Anticipatory Bail” is really a misnomer because what section 438 contemplates is not an anticipatory bail but merely an order directing the release of an accused on bail in the event of his arrest and therefore, it is manifest that there is no question of bail unless a person is arrested in connection with a non-bailable offence by the police1 The distinction between an ordinary and an anticipatory bail has been clearly pointed out by the Supreme Court in the Gurbux Singh v. State of Punjab, AIR J980SC 1632 :1980 Cri LJ 1125, It has been observed that ordinary bail is granted after arrest while anticipatory bail is granted in anticipation of arrest and is, therefore, effective a ....