Whether Session Judge should grant Anticipatory bail to accused when Session triable offence is punishable with imprisonment for three years and police has issued notice to him U/S 35 of BNS?

Introduction

 When the police do not arrest an accused during investigation in a sessions-triable offence punishable up to three years, can the committal court or Sessions Court still insist on custody before bail? The answer lies in reading Section 232 BNSS through the liberty-centered lens of Satender Kumar Antil.

A man receives notice during investigation. He appears before the police, cooperates, and is never arrested. The investigation ends, the charge-sheet is filed, and yet when he appears before the committal court, he is told: since the offence is triable by the Court of Session, obtain bail from the Sessions Court first.

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