THE LEGAL EFFECT OF ANTICIPATORY BAIL ON HUMAN RIGHTS AND CRIMINAL JUSTICE SYSTEM

Abstract

Anticipatory bail is a type of bail that is obtained by a person who anticipates arrest and its effect is just to release a person on bail, even before the person is arrested. However, it does not prevent the law enforcement agencies from interrogating and investigating the person who was granted anticipatory bail in respect of the offence alleged to have committed. In other words, when any person has reason to believe that he/she may be arrested on an accusation of having committed a non- bailable offence, he/she may apply to the High Court or any other Court empowered by law and the said Court if it thinks fit, direct that in the event of such arrest, the person shall be released on bail. It is apparent that the object and reason for introducing anticipatory bail is to establish a means by which a suspect is not compelled to face humiliation and degradation at the instance of influential people who try to implicate their rivals on false accusation. This study aims at examining the concept of anticipatory bail with a view to determine its legal effect on Human rights and impacts on Criminal Justice System. The study employs a doctrinal methodology where library materials such as books, articles from journals, and online articles among others will be carefully reviewed and analyzed with a view to meeting the desired objective of the study.