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Discussion > Criminal Law > IPC > Ipc 420 and anticipatory bail   Unanswered Threads Post New Topic

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There are 3 Replies to this message


Haridass


Senior Administrator
[ Scorecard : 28]
Posted On 28 January 2013 at 20:53 Report Abuse

Hi All,

This is my case and need some serious advice regarding this.


My brother works for a travels company which was recently started a year age. He was taking care of operations and some time does accounts and sales as well. He was not completely into sales. The company was growing very fast and had a lot of customers recently joined. Suddenly out of no where there were some issue and the company has been disolved. the owner of the company fled and so well my brother and others 2 who were in top management. Now the owner and one of the member in top management has surrendered. My bro and the other 1 is still on run and have decided to move for Anticipatory bail and then surrender him self in court.

Now my Question is that FIR is a IPC 420 and my brother name is not listed in FIR. but the surrendered owner has twisted the case that the person who handled the accounts department (My Bro) and the other guy are the once who took the money and fled and thats the reason they are on run. 

we also have clients of my brother coming our home and threatinig us that we will have to make a compliant against your brother that he took our money as he was the one who handled some of the accounts he was collecting vouchers from the clients. Now is there a way to save my brother. Is Anticipatory bail a possible solution for now. how to proceed further on this case. Is there a possibility that the case can be twisted against my brother with the owner statement. the case is under the section IPC 420. What is the possibility of him being the accused. There is a lot of cash involved in the case. This is not a partership firm but my brother was one of the top level management. since this was run by friends there was no official letter of appointment or pay slip distributed. he was just receiving salary every month. We are really confused because this is the first time something as such has happened to us and we are not sure how to proceed..



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Aboobacker


Advocate
[ Scorecard : 45]
Posted On 28 January 2013 at 21:30 Report Abuse

firstly ensure that whether the name of your brother is incuded in the list of accused. if the name is there file anticipatory bail application before the sessions court or high court. if the name is not in the list need not file antcipatory bail aplication because filing of the application may cause to include the name of your brother in the list of accused

Adv. Aboobacker



Kiran Kumar


Lawyer
[ Scorecard : 16558]
Posted On 28 January 2013 at 21:58 Report Abuse

its better to seek concession of anticipatory bail in the matter, but its not a matter of right in fact.

 

his absence may create an inference against him, definitely the other accused will try to take advantage of the situation.

 

take appropriate defence as advised by your local lawyer.



Haridass


Senior Administrator
[ Scorecard : 28]
Posted On 28 January 2013 at 23:21 Report Abuse

Hi Ab00backer and Kiran,

 

Thank you for taking your time and replying for my Plea. We are still unaware of the FIR status as our local lawyer is going to request for a copy of the FIR tomorrow. As Per your advices we are going to check the FIR copy and proceed fruther. Once again thank you for your time 

 

Regards

Haridass.S




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