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Querist :
Anonymous
(Querist) 04 January 2012
This query is : Resolved
Hello,
I had a query.I was innocent and one of the police department had arrested me for some company scam.we will call that department 'A' and case as 'X'.I got bail in that matter.My IO Told me that I cannot be arrested again in the same case so there is no harm in visiting him(I have to go once in a week as per court order).
Now a day back another police department has filled a case against the same company.So can they arrest me again as its diff case and diff department but company is same.Shall I apply for anticipatory bail?
M/s. Y-not legal services
(Expert) 04 January 2012
who are you in the subject company?
as per the f.i.r, if you have any vital role mean better you should get a.b.
tom..
M.Sheik Mohammed Ali
(Expert) 04 January 2012
yes, the police may arrest when the offences is different and lodge the complaint again your company. and you get AB
Querist :
Anonymous
(Querist) 04 January 2012
@Tom - I was a service provider to that company and even in the first case FIR was no t against me it was against that company who was my client.They arrested me for interogation.
@Sheik - offence is different but complaint is not against my company it was for one of our client whom we provided service.
So keeping this in mind what do you suggest?
Advocate M.Bhadra
(Expert) 04 January 2012
If the Police authority register an FIR for another case then they can arrest you, though you have got bail for previous case,in this situation you can file a petition in Dist.or High Court for anticipatory bail.
Querist :
Anonymous
(Querist) 04 January 2012
i am nt sure abt FIR, I just read that another department has registered a case against that company.so is it same as FIR?
Deepak Nair
(Expert) 04 January 2012
If you are not made a party to the complaint, then their is no risk of arrest. But you if you are mentioned as an accused in the case, then you can be arrested as in the previous case.
Querist :
Anonymous
(Querist) 04 January 2012
So shall i straight away get AB or shall i wait till they call me first.Because last time they called me twice for interrogation and when i went there third time they arrested me. As if I apply for AB right now they may doubt that I must be having some role to play in that company which is not the case.
Even in bail order judge has written in bail order that I had no role to play in this case and I was just a service provider.
But still you are experts so please suggest me what shall I do. Shall I wait till they call me for interrogation or apply for AB (Because they may or may not consider me accused in this case). Department is ED
Advocate. Arunagiri
(Expert) 04 January 2012
If there is any suspicion for abetting the offense, the police may arrest you.
Querist :
Anonymous
(Querist) 04 January 2012
is there any site where in I can check that case details n my name is involved or not.Is ED Department very strict in these matters?
Anirudh
(Expert) 04 January 2012
Dear Anonymous,
You say that you are a Service provider to the Company. Are you a Chartered Accountant for the Company? Does the matters relate to those items where you are concerned as a Chartered Accountant?
Querist :
Anonymous
(Querist) 04 January 2012
@Anirudh no We provided IT Related services to that company.ED has filed case against that company.
Anirudh
(Expert) 04 January 2012
Then what is the specific charge against you which is warranting even arrest?
Querist :
Anonymous
(Querist) 04 January 2012
its nt charge against me but its against that company to which my company gave service.even in previous arrest there were no charges against me they jst called me for interogation and arrested me.
manoj joshi
(Expert) 04 January 2012
r u representative of your company ?r u md.ceo.ect of your company if not than how can u be guilty of offence committed by your company?????
yess if u r than u will be responsible for acts which are benn done under your authority
regd
manoj joshi advocate
9927822660
prabhakar singh
(Expert) 05 January 2012
In fact dear you are asking us to catch fishes in a muddy pond.you have no facts except that once you were arrested and got bail now if you again apprehend your arrest get AB,how can we ascertain you shall be arrested or not without looking into FIR.
Querist :
Anonymous
(Querist) 05 January 2012
Dear Prabhakar Sir,
I will try and explain my situation as much as I can then you can suggest me.Sorry if its too lenghty but it will make things clear for you experts as well.
1.There was one company say "A", My company provided them some marketing services. There was a case against that company by one of the police department say Department "X",They called me twice for interogation and then third time they called me for interrogation and arrested me there itself.Then I got bail from The court . Judge has written in his order that I had no role to play and i was just a service provider.
2.Now 2 days back another police department has registered a case against same company "A" in another financial matter.So I guess even they will start the interrogation and since i was arrested by previous department they may doubt me and arrest me.is this the way they work?will they ask previous department IO about me? Can they also arrest me?
3.One thing is for sure my role is not at all there in the whole case. I am not part of that "A" Company, I don't have any direct FIR against me even in the previous case. I have just provided them marketing services.I am only worried coz I am still not sure why they arrested me in previous case.so maybe again this new department can arrest me for interrogation.
4.So shall i take AB?How much time does it take? One of our relative is in CID and he is saying you shd nt take AB if you are not involved in the matter otherwise they may doubt you.
Hope this makes things clear.so please guide me now what to do.shall I just live my normal life or shall I worry about my arrest again or shall i need to take some precaution? if yes what precaution?
Sorry for writing so much but I am too much worried
prabhakar singh
(Expert) 05 January 2012
YOU ARE ADVISED NOT TO SEEK ANTICIPATORY BAIL. DO NOT LOOSE HEART.
Devajyoti Barman
(Expert) 06 January 2012
If there is any chance of getting apprehended by the Police, you should obtain anticipatory bail.
Deepak Nair
(Expert) 07 January 2012
You are not at all advised to go for anticipatory bail.
