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ananthalaxmi (Querist) 18 April 2010 This query is : Resolved
how to apply anticipatory bail

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Guest (Expert) 18 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE ANTICIPATORY BAIL KINDLY NOTE THAT.

1.WITH REFERENCE TO SECTION 438 OF CRIMINAL PROCEDURE CODE AN APPLICATION FOR ANTICIPATORY BAIL MAY BE SUBMITED TO THE DISTRICT AND SESSIONS COURT OR TO THE HIGH COURT OF AREA CONCERNED.ANY PERSON WHO HAS REASONABLE APPREHENSION OF ARREST DUE TO INVOLVEMENT IN ANY NON BAILABLE OFFENCE REGISTERED AT ANY POLICE STATION THEN HE MAY FILE AN APPLICATION TO THE SAID COURTS FOR ANTICIPATORY BAIL MENTIONING HIS NAME AGE OCCUPATION AND ADDRESS AND MAKING THE STATE AS RESPONDENT THROUGH THE CONCERNED POLICE STATION WHERE THE CRIME IS REGISTERED BY MENTIONING THE CR.NO.AND ALSO NON BAILABLE AND OTHER SECTION OF INDIAN PENAL CODE UNDER WHICH SAID CRIME IS REGISTERED.
2.THE COURT WILL CALL SAY OF SAID POLICE STATION AND UPON HEARING BOTH THE LAWYERS COURT MAY EITHER ALLOW OR REJECT THE APPLICATION.
3.IN CASE THE APPLICATION IS ALLOWED THE PERSON SHOULD SUBMIT SURETY WITH ALL HIS PROPERTY DOCUMENTS PROOF AND PHOTO ,RATION CARDS AND PROPERTY EXTRACT TO THE SAID POLICE STATION AS PER THE DIRECTION OF COURT IN THE ORDER OF ANTICIPATORY BAIL.
4.IN CASE SAID APPLICATION FOR ANTICIPATORY BAIL IS REJECTED THEN POLICE MAY ARREST SUCH PERSON HENCE HE SHOULD BE VERY CAREFUL AND SMART AND ACT AS PER DIRECTIONS OF HIS LAWYER AND APPLY TO THE HIGH COURT AGAINST ORDER OF SESSIONS COURT.
KINDLY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
THANKS.