Vinesh K Chhaya
(Querist) 03 October 2014
This query is : Resolved
Can Anticipatory bail application granted before lodging FIR.. Complainant made application in nearby police station against My client police inform and called upon to my client for statement...my client seen the probability of his arrest when he would go to police station for statement...so can he apply for anticipatory bail and get opportunity to protect his right to anticipatory bail under 438(CRPC) ?? anticipatory bail application before FIR can be consider as premature application....I heard about blank order can be possible at same circumstances...
ajay sethi
(Expert) 04 October 2014
unless FIR is filed no AB will be granted
Advocate. Arunagiri
(Expert) 04 October 2014
Some courts and some judges are granting AB even before the FIR is registered, but in petition enquiry stage itself.
T. Kalaiselvan, Advocate
(Expert) 08 October 2014
If AB IS NOT GRANTED, ATLEAST NOT TO ARREST ORDER CAN BE OBTAINED IN THE ABSENCE OF FIR.
Raj Kumar Makkad
(Expert) 08 October 2014
Such applications at pre-mature stage are neither maintainable nor courts do provide favourable reliefs.
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