Arrest of person obtaining anticipatory bail and addition of IPC clauses based on nature of crime


In a land grab case, the police has completed investigation and gathered documentary evidences from the revenue and registration departments. It is clear the accused person has committed forgery, trespass and also threatened to kill. However, the police are reluctant to arrest for the reason that the accused person has obtained an anticipatory bail I feel the police are not taking action because the other person has bribed them substantially. What I want to know from the legal experts is: 1) How long is an anticipatory bail valid? 2) Whether the statement of the police is correct in saying that since the accused person has obtained an anticipatory bail, the police cannot arrest him straight away and that permission from the court need to be obtained. 3) Can new clauses under IPC be added apart from the ones already stated in F.I.R 4) What is the mandatory rule the police need to follow in such cases
 
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advocate/director

Mr. Venkat Raman,

                                 The first thing you need to know is that the most pivotol anticipatory bails are 1) An Interim Anticpatory bail  2) Non Interim/Permanent Anticipatory Bail.

1.) Interim Anticipatory bail :- This is such a AB which will be inforce fora stipulated period of time and after the expiry of the said period the Ab becomes infructuous and there by the police can arrest the said accused.

2.) Non Interim/Permanent Anticipatory Bail :- This is such a bail that once the Hon'ble Courts Grant bail and allow the AB petition and the accused complies with the said surieties to the satisfaction of either the Hon'ble Courts of the Station House Officer the AB will be in force till the case is decided ,I.e till it results in either conviction or acquittal.

The police can very well file  an additional CHARGE SHEET or in some cases alter the sections of the FIR from non-grevious to grevious based on the development or succumbing post registering the First Information Report depending upon the circumstances of such offence which took place. for example from an offence under section 307 to 302 of IPC if the person succumbs to death post FIR.

______________________________________________________________________________________________________

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.
Vice Chairman, 37th U.C.C. ( T.S.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 
Ph:+91-9866545086,
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