Matters to be considered for granting anticipatory bail : Granting Anticipatory bail for a limited period and to surrender- against law -Judgment of supreme court of india. Dated 2-12-2010

122. The following factors and parameters can be taken into
consideration while dealing with the anticipatory bail:
i. The nature and gravity of the accusation and the
exact role of the accused must be properly
comprehended before arrest is made;
ii. The antecedents of the applicant including the fact
as to whether the accused has previously
undergone imprisonment on conviction by a Court
in respect of any cognizable offence;
iii. The possibility of the applicant to flee from justice;
iv. The possibility of the accused's likelihood to repeat
similar or the other offences.
v. Where the accusations have been made only with
the object of injuring or humiliating the applicant
by arresting him or her.
vi. Impact of grant of anticipatory bail particularly in
cases of large magnitude affecting a very large
number of people.
vii. The courts must evaluate the entire available
material against the accused very carefully. The
court must also clearly comprehend the exact role
of the accused in the case. The cases in which
accused is implicated with the help of sections 34
and 149 of the Indian Penal Code, the court should
consider with even greater care and caution
because over implication in the cases is a matter of
common knowledge and concern;
viii. While considering the prayer for grant of
anticipatory bail, a balance has to be struck
between two factors namely, no prejudice should be
caused to the free, fair and full investigation and
there should be prevention of harassment,
humiliation and unjustified detention of the
accused;
ix. The court to consider reasonable apprehension of
tampering of the witness or apprehension of threat
to the complainant;
x. Frivolity in prosecution should always be
considered and it is only the element of
genuineness that shall have to be considered in the
matter of grant of bail and in the event of there
being some doubt as to the genuineness of the
prosecution, in the normal course of events, the
accused is entitled to an order of bail.
123. The arrest should be the last option and it should be
restricted to those exceptional cases where arresting the accused
is imperative in the facts and circumstances of that case.
124. The court must carefully examine the entire available
record and particularly the allegations which have been directly
attributed to the accused and these allegations are corroborated
by other material and circumstances on record.
125. These are some of the factors which should be taken into
consideration while deciding the anticipatory bail applications.
These factors are by no means exhaustive but they are only
illustrative in nature because it is difficult to clearly visualize all
situations and circumstances in which a person may pray for
anticipatory bail. If a wise discretion is exercised by the
concerned judge, after consideration of entire material on record
then most of the grievances in favour of grant of or refusal of bail
will be taken care of. The legislature in its wisdom has entrusted
the power to exercise this jurisdiction only to the judges of the
superior courts. In consonance with the legislative intention we
should accept the fact that the discretion would be properly
exercised. In any event, the option of approaching the superior
court against the court of Sessions or the High Court is always
available.