Legal Question in Criminal Law in India

I differ in opinion. In fact, your question is a very good question for one to understand the distinction between what is in your mind and what the legal fraternity had advised about the ABail.

The situation you are describing is the stage before the FIR is registered. In Delhi, the Commissioner of Police, in its circular, having the force of law, has advised that in 498A matters, let the preliminary investigation be done before registration of FIR so as to ensure that all the relatives in wholesale gamut of allegations are not un-necessarily be harassed or arrested.

On the other hand, anticipator bail, surely, would be required, once the FIR has been registered and the Investigation Officer has started with the investigation to complete the Charge Sheet/Final Report. That is why the lawyers advice to go for anticipatory bail so that one is not arrested and still can participate in the investigation without being arrested.

i agree

If any client coming with apprehension of arrest, any lawyer bound to advise for anticipatory bail. Of course, while advising so, lawyer would also inform his/her client that police MAY not arrest based on some amendment or circular or judgment. It will be always the decision client how to interpret 'MAY'.

when there is apprehension of arrest and there is FIR then ABail is a way to protect and quashing of Fir can b file in HC