498a
Ragunathan
(Querist) 06 April 2012
This query is : Resolved
I got married in 1994 and lived together for 14 years. Last 4 years, I am living seperately because I come to know her misdeeds. She has filed 498A case against me, my sister, brother in law & their son (20 years) on 28th Feb'2012. My sister was arrested and now got the bail. My brother in law escaped from Police arrest and he also got anticipatory bail. As I came abroad in Jan'12, I escaped from the arrest. My relatives are telling me that I can't get anticipatory bail, being in abroad.If I come to India, I may loose my job because I'll likely be entangled in litigation. Now I don't know what to do from my front. Can anybody guide me!!
Ragunathan
(Querist) 06 April 2012
Can anybody guide me!
Deepak Nair
(Expert) 06 April 2012
Get the professional help of an advocate through your sister etc. He will take care of the next course of action.
In any case, you would be required to come to india atleast once to obtain bail.
Adv.R.P.Chugh
(Expert) 06 April 2012
It's very difficult to comment whether you are likely to get anticipatory without perusing the kind of allegations levelled against you i.e without seeing the FIR.
However having said that, you've got nothing to lose trying for anticipatory - in Court of Sessions and after HC after that.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 April 2012
Since marriage was old and long separation so you will get bail but some restrictions for going back will be imposed till the trial ends. The choice is yours.
ajay sethi
(Expert) 06 April 2012
you ahve stayed separate from your wife for 4 years. what are grounds mentiond in 498 A case . come to india and apply for anticpatory bail . the fact that for 4 years after separation your wife did not take any steps nor made any allegations may help you .
Sanjeev
(Expert) 06 April 2012
In case you are on a long term assignment be there Onsite and deal with the situation when the work ends and you are in India as Bail conditions might not let you travel so deal with it when you are back.
You might get arrested if you apply for bail this can be assumed as your sister was arrested so you being the main accused would be more prone to arrest.
Avoid the situation for now and deal with it when it becomes unavoidable.
Shonee Kapoor
(Expert) 07 April 2012
Which HC the matter pretains to?
Many HC have granted bails liberally to NRIs in 498a cases. Though only after the perusal of the FIR, anything concrete can be stated.
You should join http://forum.498a.org/ and try to attend some con-call of SIFF/ Rakshak if that exists in your country, where you are residing.
If you think that undersigned can be of any assistance, feel free to get in touch with the undersigned.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 07 April 2012
You can get the bail even in your absence. But in your case I would advise you to file a petition for quashing of FIR itself in the High court u/s 482 CrPC. I can give you further opinion only after seeing the FIR.You can contact me on 919555462995.
prabhakar singh
(Expert) 10 April 2012
Although i am not a criminal law lawyer but it sounds very strange that one can get bailv even without surrender in person when he is summoned accused or charge sheeted.
Shonee Kapoor
(Expert) 11 April 2012
Ld. Prabhakar Singh Ji,
When the facts suggest that the case is malafide and with an intent to injure a person, anticipatory bail can be granted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
