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498a, 406 - nri accused abroad

(Querist) 10 June 2012 This query is : Resolved 
Hi

I along with my mother have been booked U/S 498A, 406. I have got interim bail and going to join investigation soon.

My mother has been abroad since the inception of CAW cell inquiry. I haven't applied for anticipatory bail for her as hse being abroad. Kindly guide me about :

1. Can my mother apply for Anticipatory Bail from abroad itself. If, Yes then how. Means do she will be filing through power or attorney or how.

2. I believe let it be any bail. One has to join Investigation, once granted bail. If that is so, then will it be mandatory for my mother to come to India and join investigation in case of she gets bail

3. Will her passport will be seized when she joins investigation

4. Once she will join investigation, as a clause to bail believe she won't be able to go abroad again. Is there any provision, which allows that after completion of investigation, she can go abroad again

Thanks
Nadeem Qureshi (Expert) 10 June 2012
Dear Vipul
1. your mother can apply for AB in india through a power of attorney, but as per my opinion no need of AB or any other activities for this silly case,
2. if you filed AB she have to come india 100% to join investigation.
3. Her passport can be seized till the final investigation or whenever the court does not give any liberty to go abroad.
feel free to call
ajay sethi (Expert) 10 June 2012
in addition to advise of nadeem if your mother wants to go abroad she has to make application to the court seeking permission to travel abroad .


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