Person A resident of Chennai driving towards Mangalore, unfortunately meets with an accident on the near Hosur (Tamilnad border). He took the victim to the hospital. But Police filed a case against him IPC sec 279 and 337. He was released on police bail bond on the same day. Got his vehicle released from police after IMV with local RTO. He asked help of some local advocate but he remained abscent as per police. Now police is asking him to be present for the trial. But No summons. WHat are his choices?
I think his presence is not essential, as there is no summons or legal notice. But he can get anticipatory bail, if required to avoid harrasment by police. Police needs to send a report/charge-sheet to the magistrate for the issue of summons. He need not respond to the phone calls.
i beg to differ with you. getting bail does not necessarily mean filing of charge sheet. unless chargesheet is filed no prima facie case is made out and the accused is not required to appear before the court. though in our trial courts accused appears from time to time. but as per view of the Hon'ble Apex Court an accused may remain absent till CS is filed.