If it's 420 - seek anticipatory bail fast, after that consult a lawyer with a copy of FIR to explore the remedy of quashing. If it's a frivolous case and you have no role to play - you'd get out eventually - but how soon can we make it happen is the question. 

Good Luck !

Bharat Chugh

*Advocate Supreme Court of India, Delhi

thanku sir,but i didnt sign any paper or anythng like that nor i know that person who complaint against me then how can i booked for any false complaint...we have said all things very clear to the police that my brother has been disinherited since 2010 judicially and he admited that he has taken the money..but the person has not filed any fir against me yet......plzzz help..i hv not done anything...is it the law for innocent people???

I agree with Bharat's suggestion. Varun, as a law student, you must have come to know that the competent authority to decide whether a person is innocent or not is only the Court. Even if you are innocent, the Police is just investigating the matter and during investigation, if the Police has evidences or reasons to believe that your arrest is necessary for the purpose of investigaion, it can arrest you. Although the FIR is not against you, the Police file charge sheet against you if there are evidences against you. So in a criminal case, if you have reasons to believe that you might also get arrested, seeking anticipatory bail is wise. So go ahead as suggested by Adv. Bharat.

Divya Jyoti Jaipuriar, Adv.

www.jaipuriar.com

Sirs, I do not think that, there is any need to spend time and money on anticipatory bail. The word Bail and Anticipatory Bail are watched with a bias meant for the criminals. Even after you spend money and time to obtain this, the Police have the right to interrogate you. If they report to the court that, you are not answering properly, the court have the jurisdiction to cancel the bail and hand you over to Police custody.

What i recommend is, file a Criminal Complaint u/s 156(3) and 200 crlpc, narrating truth about entire affair, in the Magistrate court - now you had filed all the truths known to you in the court and Police have to obtain only missing links. If you give the same paper to the Police, they cannot rely on that because, the documents to them should not be signed and signatures are not valid if given to the Police. Once Police have your reliable document of Facts, as a counter case against the wrong doer, you are reducing work of the Police. They have a lot of files and get fresh files daily.

Bail have one more disadvantage, of expenses. Instead of spending money for that, i always advice my client to Surrender quickly, and let the Judge tell you to move bail application, where the expenses will be less. Anyway, it is better to file a True Statement of Facts in the Magistrate court at the earliest.

Please note, with Bail for cases like this, it is the Advocates and Court employees who are benefited. Anyway the Police's power to interrogate is not vanished. Fear of opposing the Bail, undue imprisonment etc are meant only for those persons who are not likely to come back to law, if they are granted bail. Magistrate and the Police have to fear themselves that, if they will imprison you (or any other decently living man), that will generate indifference in your mind, some times you may join some Mafia Gang while residing inside the jail etc.

Please watch the Aparichit (in Tamil Anniyan) movie to be re-assured that, many of the crimes are committed with an assurance that no one is going to hang you for that crime. You take the positive part of that to prevent expenses for Bail. Wish you good Policemen and Humanly interrogation.

All the best.

1.20 pm of 14-9-12

prevail upopn brother to refund money

Respected sir Ramanathan G,

I have understood that you are advising two steps:1. lodge complaint u/s 156(3) or 200 crpc, but why not in police station itself, ie. counter FIR.    2. to surrender quickly before judge, it means even without arresting by police, one should surrender before judge if his name is in FIR, though he is innocent, here again my question is "whether surrender before judge is itself not believing himself as culprit, though innocent and whether now  after surrendering,  whether one will be given the bail by judge and  whether the power of  the police to interrogate and to arrest is vanished ?

with regards,

Reply dated 02-04-2013 in an LCI question

Respected sir Ramanathan G,

I have understood that you are advising two steps:1. lodge complaint u/s 156(3) or 200 crpc, but why not in police station itself, ie. counter FIR.    2. to surrender quickly before judge, it means even without arresting by police, one should surrender before judge if his name is in FIR, though he is innocent, here again my question is "whether surrender before judge is itself not believing himself as culprit, though innocent and whether now  after surrendering,  whether one will be given the bail by judge and  whether the power of  the police to interrogate and to arrest is vanished ?

with regards,

Sir,

Paras 1 to 21 is about why Pvt Criminal Complaint in the Magistrate Court is recommended and not Counter FIR. Rest paras are about Surrender in the Court.

1. The word FIR sounds good, it have even Cinemas in it’s own name. But the Police cannot file FIR and Counter FIR very quickly. The Policeman have to examine various aspects prior to filing of FIR:- (1) Whether the witnesses are likely to turn hostile. (2) if yes, will the Trial Court pass strictures and stigmas on the Police Investigating Officer. (3) Whether the Court will also recommend for Disciplinary action against the Police.

2. Under Section 154 of Criminal Procedure Code, 1973; it is boldly written that, when the Police Station gets information about a cognizable offence, the Police Station should file an FIR. Another Section speaks about Non-cognizable cases, where the Police can commence investigation, only after the Court permits it to do.

3. Merely by reading it, do not think that, Police is free to do what it feels. When beautifully worded, or twisted, there lies a Cognizable Offence under every incident. For example, carrying a weapon is an offence under Arms Act, 1959, unless there is a licence. It is to prevent murders or grievous with weapons. Weapons includes blades which are more than certain inch length and widdth.

4. Then what about our fingers, especially with grown nails. With one such finger, you can make one man blind. Blinding is a grievous hurt. However, we do not need Licence to have our fingers and to grow nails in it.

5. Another example is, in an old Hindi Movie Chandni bar; the boy character as son of Actress Tabbu was arrested with a few other boys, who were taken to Juvenile home. In the night, that boy was awaken by his “friends”, taken to distant place, he was compelled for Unnatural s*xual intercourse, which he declined – simple paper knife having value Rs.10/-, which’s blade’s value is only 80 paise was taken out and blade brought out. The boy got fear and removed his pants – even the Orgasm was demonstrated in the movie, which the raping boys had.

6. In this way, the Law and Loopholes are developed. Also the loop holes. Police to take care about everything.

7. If the Police will give Protection to the Prosecution Witnesses, the Accused will allege that, to ensure success, the PWs were threatened. In the cross examination, the Defence Advocate will prove this point and Accused will be acquitted. On the other hand if the Witnesses are left alone, they can be won over and in the Court the Witnesses will deny each and everything. Very rarely the Liers/ Hostile PWs are prosecuted. From the Gujrat Carnage case, you can learn a lot.

8. Consequently, the Policemen have to think twice, prior to filing of FIR Charge sheet etc.

9. Also, when there is an out of Court settlement, the Police hesitate to file FIR.

10. Politicians do restrict filing of FIRs because, the Statistics of law and order to be proved by less FIRs. At the Parliament and state legislatures.

11. In this manner, the Police have it’s own administration skills.

11.1. At the National Capital Terrotory of Delhi, the Police do torture only for interrogation. Rest all quarrels are converted into “Kalandra”, who should report before the Executive Magistrate (ACP/ Dysp). Despite Kalandra, if there is complaint, FIR is filed.

11.2. At the State of Madhya Pradesh, how the Police works; one person told me, at the first instance, the parties will be given “advices” and send back. At the second instance, if they quarrel and visit the Police Station again, NOTWITHSTANDING RANK and STATUS OF PARTIES, the Police will beat them up. That is Police at State of MP.

12. Now look at the State of Kerala, from where I am writing it. Here the Sub-Inspector Incharge of the Police Station have to “hear” the parties, some time “represented by the Advocates”. After hearing, the Sub-Inspector will give some suggestion to both the parties. That is, if the SI is thinking that, no FIR is possible, he will give the suggestion. Said suggestion is given respect of “Decree of Supreme Court of India”. Reason is, if a party is not happy with that and waste time of personnel of the Police Station, said party will be taken to the office of Circle Inspector (at stone throwing distance from the Police Station). There he will get second opportunity. If he could not convince the Policemen, better for him to leave without wasting time. Otherwise, the Circle Inspector will beat him up. At the North Paravur itself, within last 6 months, the CI had beaten up a Complainant in one case, and the Accused in the other case. Both were very brutal beating. In the first case, the posters were pasted around Police Station, in protest. In the second, recent case of last 2 weeks, the Policemen took the Accused, now injured to the Govt. hospital. At the hospital the supporters of the Accused had injured the Attender etc. (There may be many a other incidences of CI man handling the litigants, which were not made public).

13. The second incident had given a good result to one of my neighbour unmarried lady named “S”, an amount of Rs.10000/-, which she gave as loan, AND some of her jewellery for a marriage. When the person who took loan was not interested to return both, through her brother, she collected Jewellery, but she concealed about money. None of her family members were willing to help her to correct her mistake to demand said money. When “S” went to demand money, the person who took loan, told her to “report this to your family, and to Police, I will not return anything”. Also many other points were told to me.

14. Since last 6 months, when “S” used to come to my house, she had been telling this to me. I gave her a Mantra:- “Ramanathan Elder brother thinks that, it is my own family members who took money from that person. If that will repeat, in which they will collect money similarly from all other places, all my money will go away. Thus Ramanathan is going to report the incident to Police”.

15. After the recent incident of North Paravur CI had beaten up an Accused and he had to be hospitalized, the elder sister of “S” came very quickly, one day. Both of them went to “Debtor’s” house. Debtor gave her Rs.9000/-. Sabitha was unwilling to collect that, Thus own elder sister gave Rs.1000/- to the debtor. Now it is Rs.10000/-. Entire loan is repaid.

16. This I write to tell you that, principle of those who will come and tell lies to the Police, will be given beating; had help in recovery of Rs.10000/- to an ordinary lady, when an Advocate (myself) had declared that, her own family members had collected and digested that money and Police complaint is the only alternative PLUS latest news of Police torture to a fraudulent Litigant.

17. Now, please note, in the first case, the Complainant and in the Second Case the Accused tried to sell lies to the Personnel of Police Station North Paravur, thus they were taken to the Circle Inspector, when the CI also did not want to digest, and they were unwilling to go, they were beaten up.

18. From this point, the Criminal Court’s role starts. However, one step more. Write a Regd Letter to the Superintendent of Police of the Distt. Do not waste the time of CI, ACP/DySP etc. after Police Station, next stop is SP. From that next stop is Magistrate Court.

19. You can also file Civil Suits, for Mandatory Injunction of “Do not disturb me, but file Cases to recover this amount”.

20. Without that, if you will insist for Counter FIR and if the Police will “fear” that, you may fail to identify the accused in the Court, due to any reason; the Policemen may beat you up, to send you away from the Police Station. Why to take that risk.

21. Police have no power to punish anybody. Said Power is with the Magistrate Court and above. Police should produce evidence before the Court. Thus, if the Police fears that, Victim is very weak than the Accused, or if it is a false FIR to settle dues out of Court, they will refuse to file FIR, but will simply give beating and send away. However, rejection of the Police do not preclude/ prejudice filing of Criminal Complaint in the Magistrate Court, produce the Witnesses and evidence in the Court, and prove the case. Court may send the complaint for investigation to the Police, that is under Section 156(3), or will ask the complainant to produce the evidence, that is under Section 200. Any way, the Magistrate is not going to beat you, if you tell lie – he may direct payment of Costs, some time in Lakhs of rupees.

BENEFITS OF SURRENDER IN THE Court:-

22. Your question reads: “2. to surrender quickly before judge, it means even without arresting by police, one should surrender before judge if his name is in FIR, though he is innocent, here again my question is "whether surrender before judge is itself not believing himself as culprit, though innocent and whether now  after surrendering,  whether one will be given the bail by judge and  whether the power of  the police to interrogate and to arrest is vanished ?”

23. Simply surrendering in the Court will not make you an accused in any case. The Court will direct the Investigating Officer to appear and find out, whether Bail to be denied, whether Police Interrogation is required etc. Very rarely, the Magistrate join with the Police to harass a litigant. Very rarely the Police join with a Complainant to harass an Accused. In fact, all are such overburdeoned.

24. The problem is with your Advocate. If he is a good man and paid honestly, you had escaped very quickly. The Magistrate will pass appropriate orders. However if you told lie till fixing of Fees (Advocates are not paid money by the Govt., thus if you tell that you are poor to pay less fees and later he finds that you worth lakhs, that is a lie, eventhough thereafter you will be honest about Cause of Action); you are going to find a “Hostile” Advocate. The same thing happens if you land in the hand of a bad man as an Advocate.

25. In both the cases, the person who holds your hand, will arise a fear in your mind about everybody. He will tell you that, unless Bribe is paid, the Public Prosecutor and Police Investigating Officer will object the Bail application, Judge will not give bail, the Court Staff will not release the file etc.

26. In that manner, you will be drained financially. I had seen, people who had Trucks had sold everything, only to get anticipatory Bail in Dowry cases.

27. Thus, speak honestly about your financial skill, prior to fixing of Fees, pay that in instalments as fixed. Normally your Advocate will be honest in his work, and you will get Bail without paying even one paise Bribe. If you are honest about your finance and cause of action, I think, even the worst Advocate will consider you honestly and will get you Bail and success in the main case.

28. To surrender, get bail and to complete the case, you do not require an Advocate. What you wrote in the question is a simple case.

29. To get justice as “IN PERSON”: Write honestly all problems in a paper. The Court staff will tell how much Court fees to be paid, and how much photo copies to be filed. Initially they may some time wait for “Bribe” from weak hearted people. Once you tell them that, other than your underwear everything is pledged, the machinery will start moving.

30. Now, the Magistrate will hear you, and decide whether you can defend yourself. Unfortunately if the Magistrate want bribe, he will refuse to hear you unless you appoint an Advocate. In that case, the Court Staff will collect bribe from you directly, if you know how to pay bribe. (The explanation given is, a Non-Advocate cannot conduct Court case, thus an Advocate is compulsory, and instead of order it will be written: “Applicant want time to appoint an Advocate, let that be done, adjourned”).

31. In that manner, your case will be heard. You will be permitted to surrender.  Investigating Officer will tell the Judge that why he want to interrogate you (Police Custody) or if you are released on Bail whether you will threaten the Complainant (Judicial Custody, in the Jail; even there the Jailor may demand Bribe to not to harass you, you may be ragged by co-prisoners etc).

32. It is also possible that, he will tell the Court that, there is no case against you (if he obtain some adjournment to collect bribe, know his intentions and pay that). Even if he tell that there is case, the Court may peruse the document and declare that you are not accused in any case. In that case, on the 2^nd date of hearing, you will be released permanently. Thereafter, you need not fear anybody. Obtain Certified copy in your case and show that to the Complainant.

33. Instead of surrendering like this, if you will go for Anticipatory Bail, normally the Finance will be drained.

34. At Kerala State, there is a proverb: “if you fear beating and run away, the beatings will chase you and you will be beaten up”. Thus in your luck if it is written as “Beaten”, either Policemen, or Jailor or Co-prisoners will beat you. Why to pay bribe to escape said beating. Preserve that money for the future and be willing to accept beating and surrender.

35. This is my technique to do each and every case in which I may land in trouble – I tell you, the person who have to decide my case get happy that, I am telling only facts and not influence or bribe or adjournments, and very honestly my cases get settled in a few hearings – only at the age of 30 I became an Advocate, thus as an ordinary citizen also, I know that, this technique is useful.

36. Wish you all the best. And surrender immediately. Only advice is do not tell even one lie. Be honest always.

37. I remember that, before a few months ago, this question was asked in the lawyers club forum. Today is 02-04-2013, and even now the “doubts” is asked, you are taking advices and not having to courage upon the advices obtained.

38. Sir, the Web-sites are not Courts or Police Station. It is not going to sort out the troubles you face. Take decisions immediately and act upon. Otherwise, the problem in your mind will affect your Digestion, sleep etc and in a long run, you will face Diabetis, Blood Pressure etc illnesses. Thus, if you do not want to act upon the “free advices” you get, do not waste your time here.

39. Persons who are giving advices in the web-sites want some one to hear them, and answering people are benefited. Thus your never ending problem will give benefit to people like me, who are getting serious clients like you. Now stop asking doubts and act upon the advice given.

40. If you decide to escape now, the Police have power to get you “Proclaimed Offender”, attach your property etc. Then why to fear about surrendering.

Bye.

Ramanathan.G

Advocate (D-1282/2000).

From 3.40 to 5.40 pm of 02-4-2013.

Means I spend 2 hours without any fees, for an unknown person’s benefits.

====== ======

Thanks a lot for your so good practical approach/advice in favour of innocent persons unknown to, what to do, when a case is registered against them in police station directly or through 156(3) crpc. I think you along with some other good lawyers of lawyersclub are some of rarest of rare advocates in our India, who are having such clear vision and save innocent people at very law expense by directing in right direction. Now some of my further queries regarding innocent person named in FIR are as follows: 

1. When an innocent person knows from police on telephone or otherwise about FIR lodged against him directly or through Court u/s 156(3), how to get the copies or supporting material of FIR for surrendering at court, before arresting/ harassing by police to avoid arrest without having fear in mind that one has not paid the bribe, so chances of arrest is very high? If he himself goes to police station, there is a fear of being arrested. Whether the person named in FIR or any other person known to the person named in FIR/relative/friend has the right to get copies of  FIR or Supporting material from Police ? What is the law and what to do in practice? 
2. At  point 23. Simply surrendering in the Court will not make you an accused in any case. The Court will direct the Investigating Officer to appear and find out, whether Bail to be denied, whether Police Interrogation is required etc. 

Suppose on the day of surrendering, police did not turn up being busy somewhere else or in metro cities, court and police station are at far place or there is delay in communication to police due to any reason, what will happen whether the surrendering person  will be let free on his personal bond or that of surety by giving next date and at the same time staying any action against him including that of arrest at least upto next hearing date or upto the turn of police in court or Whether one will have to wait for this by spending time in Judicial Custody or Police Custody  waiting for turn of police in court?

Thanks in advance,

Sir,

Para Numbers continued from my previous letter.

41. Your questions, which are combined in one long para, will result in not being replied for a few points, because I am busy and not having time to make notes of said question to answer each and every sub-questions.

42. About surrendering in the Court directly. That is the cheap and best method. After filing FIR, immediately a copy of that send to the Magistrate Court of that area, exactly there you have to surrender. In the Magistrate Court, each Police Station have one representative. He should note down the proceedings and communicate to his Police Station daily. In that manner, what you do in the Magistrate Court is normally noted by the Police and replied. Thus not enclosing FIR copy is not prejudicing your application.

43. Immediately after getting telephone information from the Police Station, if you will go and surrender in the Court, only benefit you gain is, due to bad luck if your case’s Investigating Officer is a BAD MAN who demand bribe or of ragging nature, he will not get an undue opportunity to make your life miserable. Please note, there is no machine to read one mind. Some people talk boldly while speaking the truth, some people who have a lot of “thanks or gratitude” about entire accused’s family, may get shy about telling the truth and may have different facial expression. Then how the Investigating Officer can find out whether entire truth is told. Relying upon the assessment, he will make, a few human being’s life is going to be affected. Thus the Complainant, Witnesses and accused are tortured in the Police Station.

44. If you write and sign a statement of facts, after going to the Police Station, that is not admissible in evidence; thus Investigating Officer have no use of it. What you can do is, send a Registered Inland letter, with complete facts known to you, in the name of Police Station; prior to you appear there. In that case, the Investigating Officer may be saved from the “duty to torture” to elicit truth. But it should be done prior to you are within his position and power. Police Station may not even receive regd letter, the Postman may fear to write “Rejected” word. Thus the Surrender Application is recommended. Court will receive that and the Investigating Officer will have that in his hand while questioning you. Then why should he torture you.

45. But if you tell all the truth and the Accused/ complainant will kill you, the Investigating Officer cannot protect you.

46. Despite that, if the Investigating Officer is misbehaving, you can ask for changing the Investigating Officer, saying, either he is a Ragging element or a saddist. Do not dilute the marks you are giving to the Investigating Officer. Any way he is your servant, the public servant. If you lodge a bold complaint against him, with his over actions and inactions, he will be suspended or dismissed.

47. If like that nothing is happening, remember a medical term: “Patient is not responding to medicine”. Normally that is written in the emergency wards/ Casuality. Only after the patient will start responding to medicines, his recovery will start. Otherwise the god had summoned him and he have to go. Remember the Mahabharata story of, children of Krishna used Grass to fight and kill one another. That is human life.

48. My only point is, why to waste money in the name of “Bribe”, which can be used to run the family of the complainant/ accused. If the Advocate is happy to work for Fees alone, you are lucky. Otherwise, you should tell the facts to the Court/ police and start doing the work yourself.

49. If you find that, no one is hearing you, either your time in this world is coming to an end or your time to suffer is on. What relief can be obtained by paying bribe to get any relief against God’s wish.

50. COPY OF FIR:- According to Criminal Procedure Code, 1973; an accused is not eligible to get copy of FIR. However, you can inspect the file of Magistrate Court, to write down the contents. By taking bribe, the Court staff may give you damaged photocopy of same document, which you can take home for comfortable re-writing.

51. Through Right to Information Act, 2005; you may get FIR. There was a news that, details of FIR will be published in the Police Web-sites. However, all such things are just copies of what is filed at the Magistrate Court, at the earliest instance. Delayed FIR, delayed sending of FIR to the Magistrate etc are sufficient to get acquittal. Thus, like Mahatma Gandhi in “Salt Satyagraha”, what I submit is, once already salt is available in the Sea’s banks, why you want to import that by spending time and money.

52. FIR is written with so many non-Hindi words, which I myself cannot understand. Some time, the High Court frame Rules to file FIR, with neatly typed copy, translated copy etc. I do not know why all such wastage of money to obtain Bail for a poor man. Simple application, with complete facts known to you is sufficient. Rest all the Police will produce.

53. Your doubt of, if the Investigating Officer will not appear, if he is out of station etc; such doubts are interfering with God’s work. Predicting the future, for which normally you will pay bribe. Your duty is to write a complete true application and surrender. Rest all the Magistrate, Free legal Aid Advocates, Investigating Officer, his superiors etc will decide. You are not in a vaccum. If you disbelieve everybody, you are in a vaccum. In that case, please consult a Psychiatrist telling your problems, with his medicines, you will become normal and you will start feeling that, people around you consider you to be their Rakhi Brother and want to safeguard you. But if you are certain that, really all are after your blood, please be willing to suffer, than giving money as bribe which your family can use otherwise. Tell: “Medicine is not responding, my time has come”.

54. Only point is, if any one think that, Police and Court will digest any lie, provide protection of “loop holes” to you etc; and tell lies and pray for adjournments, you cannot think that God will help you and my advices are useless to you.

Bye.

Ramanathan.G

Advocate (D-1282/2000).

04-4-2013.

Sir,

Para Numbers continued from my previous letter.

41. Your questions, which are combined in one long para, will result in not being replied for a few points, because I am busy and not having time to make notes of said question to answer each and every sub-questions.

42. About surrendering in the Court directly. That is the cheap and best method. After filing FIR, immediately a copy of that send to the Magistrate Court of that area, exactly there you have to surrender. In the Magistrate Court, each Police Station have one representative. He should note down the proceedings and communicate to his Police Station daily. In that manner, what you do in the Magistrate Court is normally noted by the Police and replied. Thus not enclosing FIR copy is not prejudicing your application.

43. Immediately after getting telephone information from the Police Station, if you will go and surrender in the Court, only benefit you gain is, due to bad luck if your case’s Investigating Officer is a BAD MAN who demand bribe or of ragging nature, he will not get an undue opportunity to make your life miserable. Please note, there is no machine to read one mind. Some people talk boldly while speaking the truth, some people who have a lot of “thanks or gratitude” about entire accused’s family, may get shy about telling the truth and may have different facial expression. Then how the Investigating Officer can find out whether entire truth is told. Relying upon the assessment, he will make, a few human being’s life is going to be affected. Thus the Complainant, Witnesses and accused are tortured in the Police Station.

44. If you write and sign a statement of facts, after going to the Police Station, that is not admissible in evidence; thus Investigating Officer have no use of it. What you can do is, send a Registered Inland letter, with complete facts known to you, in the name of Police Station; prior to you appear there. In that case, the Investigating Officer may be saved from the “duty to torture” to elicit truth. But it should be done prior to you are within his position and power. Police Station may not even receive regd letter, the Postman may fear to write “Rejected” word. Thus the Surrender Application is recommended. Court will receive that and the Investigating Officer will have that in his hand while questioning you. Then why should he torture you.

45. But if you tell all the truth and the Accused/ complainant will kill you, the Investigating Officer cannot protect you.

46. Despite that, if the Investigating Officer is misbehaving, you can ask for changing the Investigating Officer, saying, either he is a Ragging element or a saddist. Do not dilute the marks you are giving to the Investigating Officer. Any way he is your servant, the public servant. If you lodge a bold complaint against him, with his over actions and inactions, he will be suspended or dismissed.

47. If like that nothing is happening, remember a medical term: “Patient is not responding to medicine”. Normally that is written in the emergency wards/ Casuality. Only after the patient will start responding to medicines, his recovery will start. Otherwise the god had summoned him and he have to go. Remember the Mahabharata story of, children of Krishna used Grass to fight and kill one another. That is human life.

48. My only point is, why to waste money in the name of “Bribe”, which can be used to run the family of the complainant/ accused. If the Advocate is happy to work for Fees alone, you are lucky. Otherwise, you should tell the facts to the Court/ police and start doing the work yourself.

49. If you find that, no one is hearing you, either your time in this world is coming to an end or your time to suffer is on. What relief can be obtained by paying bribe to get any relief against God’s wish.

50. COPY OF FIR:- According to Criminal Procedure Code, 1973; an accused is not eligible to get copy of FIR. However, you can inspect the file of Magistrate Court, to write down the contents. By taking bribe, the Court staff may give you damaged photocopy of same document, which you can take home for comfortable re-writing.

51. Through Right to Information Act, 2005; you may get FIR. There was a news that, details of FIR will be published in the Police Web-sites. However, all such things are just copies of what is filed at the Magistrate Court, at the earliest instance. Delayed FIR, delayed sending of FIR to the Magistrate etc are sufficient to get acquittal. Thus, like Mahatma Gandhi in “Salt Satyagraha”, what I submit is, once already salt is available in the Sea’s banks, why you want to import that by spending time and money.

52. FIR is written with so many non-Hindi words, which I myself cannot understand. Some time, the High Court frame Rules to file FIR, with neatly typed copy, translated copy etc. I do not know why all such wastage of money to obtain Bail for a poor man. Simple application, with complete facts known to you is sufficient. Rest all the Police will produce.

53. Your doubt of, if the Investigating Officer will not appear, if he is out of station etc; such doubts are interfering with God’s work. Predicting the future, for which normally you will pay bribe. Your duty is to write a complete true application and surrender. Rest all the Magistrate, Free legal Aid Advocates, Investigating Officer, his superiors etc will decide. You are not in a vaccum. If you disbelieve everybody, you are in a vaccum. In that case, please consult a Psychiatrist telling your problems, with his medicines, you will become normal and you will start feeling that, people around you consider you to be their Rakhi Brother and want to safeguard you. But if you are certain that, really all are after your blood, please be willing to suffer, than giving money as bribe which your family can use otherwise. Tell: “Medicine is not responding, my time has come”.

54. Only point is, if any one think that, Police and Court will digest any lie, provide protection of “loop holes” to you etc; and tell lies and pray for adjournments, you cannot think that God will help you and my advices are useless to you.

Bye.

Ramanathan.G

Advocate (D-1282/2000).

04-4-2013.

Thanks a lot for giving your valuable time to my queries. One can expect desired thing from a person like you who understand the pain of others. When an innocent person is arrested or sent in Jail, his reputation is stake at great, so avoid to arrest or judicial custody, he unwillingly resort to unlawful tactics even bribes. THE SUPREME COURT OF INDIA’s three judge bench quoted in a case named Joginder Kumar Vs. state of U.P. and others [(MANU/SC/0311/1994) AIR1994SC1349] at para 14. The National Police Commission in its Third Report referring to the quality of arrests by the Police in India mentioned power of arrest as one of the chief sources of corruption in the police. The report suggested that, by and large, nearly 60% of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2% of the expenditure of the jails. There are many newsitems or reports, nowadays judiciary is also involved in corruption. I am not telling that one should think that one is in vaccum and everybody is after him. But only to be rest assured and to avoid arrest or judicial custody and at the same time to save money either from anticipatory bail or from bribe, I have queried. It is said the “knowledge is power”. Thanks again for answering queries.

Sir, What i write is for middle class men, who work and save money for own family and for retirement/ old age. The places were we can fear torture are: (1) In-laws's house, thus Police Station is also called Sasural, (2) Junior students at Schols Colleges, (3) Police Stations and (4) Jails. Besides that, even within parental home, the scheme of "Majority" tortures the "Minority" is common. Main reason for suicide is said Majority decisions. While going to PS or Court, what you are fearing is available everywhere. Then why to pay bribe is my first question. If you think about insult etc after visiting PS, Court, Jail etc; that is a Cinematic dialogue. Only at the age of 30 i became an Advocate. Prior to that, between 16 to 26 years, i had been working in the IAF as an Airman. 26-30 ages had been spend as LL.B student. What i say is, i know the life of an Advocate and Non-Advocate both. Initial appointing an Advocate is an ordinary behaviour. Only when he is not maintaining his promises, the SocialWebsites are getting work.

Sir, my humble submission is, the money which is kept for other purposes, need not be spend on bribe; but say that boldly on your Advocate, Police, Court etc and face the consequences. If you tell the truth and only truth, even if that is not being accompanied by Bribe, that will be digested by everyone.

It does not mean that, you need to avoid telling lies. According to circumstances, you can tell the lie also; but that is not by thinking that, person hearing it is a fool. If he will know the reality, he will help you to frame a lie to suit the circumstances and reduce problems for you. Problems will commence only when you think that, Policeman/ Judge/ Jailor etc is a fool and he will digest what you say, without cross examination.

Under such circumstances, the necessity of Anticipatory Bail, Bail etc disappears. Here you are telling the truth. After telling the truth, the Judge himself will offer you Bail, Discharge, Acquittal etc; if he thinks that, you will be safe outside. At many a occasions, being away from own family and people is good, otherwise, why people are committing suicide while residing in the same house with same people.

Anyway, wish you all the best.

Ramanathan.G

3.30 pm of 6-4-2013