Can apply for ab
venkat
(Querist) 05 February 2012
This query is : Resolved
Dear sir,
Mediation is going on between the elders of the family, i fear the girls may proceed with 498A. Please adivse me wether i can go for Anticipatory bail for avoiding arrest. If yes what is the procedure, when i inquired with my lawyer he told that arrest is iminent for A1 in 498A. Please advise me sir, because arrest will destroy my life and my career.
Devajyoti Barman
(Expert) 05 February 2012
Where do you stay as in some states like WB the AB is not possible unless the FIR is registered.
However if AB is possible prior to FIR then do go for it. Most High Courts are quite liberal these days so far as charges u/s 498A IPC is concerned.
Contact such lawyers who are adept in handling these matters.
Chanchal Nag Chowdhury
(Expert) 05 February 2012
U can certainly apply for Anticipatory Bail u/s.438 CrPC. In cases not involving death or grievous injury to the wife, grant of Anticipatory Bail is the norm. Be quick before a complaint or FIR is lodged. Consult a good lawyer practicing on the criminal laws.
venkat
(Querist) 05 February 2012
Thank U sir's, I am leaving in Andhra pradesh. There is no complaint or FIR lodged, can I go for Anticipatory bail even befor a complaint or FIR got lodged in Andhra Pradesh. Please advise me sir.
sibasish pattanayak
(Expert) 05 February 2012
VENKAT JI,
AB can apply in the state of AP AFTER LODGING FIR, but in your state u can avail another opertunity like you can write to the SUPERIOR POLICE AUTHORITY OF THE DISTRICT/CITY/TOWN, narrating all the facts & figures about your case and also be mention there that YOU ARE ALWAYS READY TO CO-OPERATE WITH THE POLICE/INVESTIGATOR DURING THE COURSE OF INVESTIGATION. AND also you can write to them bout the intention /nature/ aim of your wife i.e how she trying to EXTORT YOU /YOUR FAMILY And or how she trying to harras etc.etc.
YOU CAN GET RELIEF.
REGARDS,
sibasish pattanayak , Advocate,kolkata.
fell free to call after 8.30 pm: 09874854594 / 09477090999 / 09231668664 / 09433074402. or mail: sibasish_adv@yahoo.co.in
