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praveen (student)     17 September 2009

AFTER ANTICIPATORY BAIL NEXT WAT?????

 HI, CAN ANYONE TELL ME AFTER GETTING THE ANTICIPATORY BAIL...........WHAT STEPS TO BE FOLLOWED????



Learning

 10 Replies


(Guest)

Furnish bail after arrest and comply with the terms of the bail order. thats all

N.Ramakrishnan (Advocate/ Senior Partner)     17 September 2009

Dear Praveen,

 In Tamilnadu, all anticipatory bail orders are given on the condition that the petitioner along with two sureties should execute a bond / furnish cash or property security of the stipulated value to the satisfaction of the jurisdictional magistrate and the bail bonds will have to be executed within a stipulated time after getting the order. There is no need to wait for the arrest for executinng the bail bonds and furnishing sureties. This is apart from the other conditions / restrictions which the court may impose on the petitioner.

Thanks, Ramakrishnan, ADV


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE ANTICIPATORY BAIL KINDLY NOTE THAT

1. ANTICIPATORY BAIL IS GRANTED WITH REFERENCE TO THE PROVISIONS SECTION 438 OF CRIMINAL PROCEDURE CODE.

2.IN CASE ANY PERSON IS APPREHENDING ARREST DUE TO CRIMINAL COMPLAINT IS FILED AGAINST HIM AND HE IS ACCUSED UNDER CERTAIN NON BAILABLE SECTIONS OF INDIAN PENAL CODE OR ANY OTHER ACT THEN SUCH PERSON CAN FILE CRIMINAL APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE TO THE DIST AND SESSIONS COURT OR THE HIGH COURT.

3.AFTER GOING THROUGH GROUNDS MENTIONED IN THE SAID APPLICATION AND UPON HEARING ADVOCATE FOR PETITIONER ACCUSED AND ADVOCATE FOR STATE ,THE HONOURABLE DIST AND SESSIONS COURT OR HIGH COURT MAY EITHER ALLOW OR REJECT THE SAID APPLICATION.

4.IN CASE APPLICATION FOR ANTICIPATORY BAIL IS ALLOWED BY DIST AND SESSIONS COURT THEN THE PETITIONER ACCUSED SHOULD SUBMIT SURETY DOCUMENTS INCLUDING PHOTO,RATION CARD,ELECTION ID CARD ,7/12 EXTRACT OF LAND OR FORM 8 EXTRACT /CITY SURVEY EXTRACT OF HOUSE PROPERTY OWNED BY SURETY  ALL THESE DOCUMENTS AND ADDRESS AND PHOTO OF ACCUSED  SHOULD BE PRODUCED TO THE NEAREST POLICE STATION WHERE THE SAID CRIMINAL COMPLAINT IS REGISTERED.WITH THE COPY OF ORDER OF HONOURABLE DIST AND SESSIONS COURT /HIGH COURT GRANTING ANTICIPATORY BAIL  OR IN CASE OF ARREST THE ABOVE MENTIONED DOCUMENTS ARE TO BE PRODUCED TO THE POLICE STATION WHERE THE CRIMINAL COMPLAINT IS FILED.THE OFFICER INCHARGE OF POLICE STATION IS ORDERED TO RELEASE ACCUSED PERSON IN CASE OF ARREST BY SUBMITING SAID SURETY DOCUMENTS AND ACCUSED AND SURETY SHOULD ATTEND PERSONALY AND SIGN THE BOND AS PER THE DIRECTIONS OF HONOURABLE COURT IN THE SAID ORDER OF ANTICIPATORY BAIL.

KINDLY SEND DETAILS IN CASE ANY FURTHER INFORMATION IS REQUIRED.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU YOURS SINCERELY

.NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Sachin Bhatia (Advocate)     17 September 2009

Well replied Mr. ´╗┐NandKumar

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     18 September 2009

EV ERY ANTICIPATARY BAIL CARRIES CONDITIONS AS PER THE CASE DEPTH BAILABLE ISSUES SOME TIMES PERSONAL BOND,SURITY OF 2 ,SECURY, EVERY DAY PRESENCE OR DEPOSITE OF PASSPORT ETC.,

bhupender sharma (head)     19 October 2009

 parveen, as and when anticipatory bail is granted it is granted up to the filing of the charge sheet and u appear before the court u have to seek regular bail from the court concerned by giving uour bail - bonds. (bhupender sharma )Adv. 

Adinath@Avinash Patil (advocate)     23 October 2009

I AM TOTALLY AGREE WITH NANDKUMARS OPINION.

Smita_L01042008 (student)     20 December 2009

1. how much time it takes to get AB from the Court.

2. in case District / Session Court rejects Anticipaty Bail what are remidies with the detained person.

kindly guide


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE REMEDY TO THE DETAINED ACCUSED KINDLY NOTE THAT.

1.IN CASE ANTICIPATORY BAIL APPLICATION IS REJECTED BY DISTRICT AND SESSIONS COURT THEN IN CASE ACCUSED IS NOT ARRESTED BY POLICE THEN HE CAN FILE ANTICIPATORY BAIL APPLICATION TO THE HIGH COURT HAVING JURISDICTION BY ENCLOSING CERTIFIED COPY OF ORDER OF DIST AND SESSIONS COURT REJECTING ANTICIPATORY BAIL. HIGH COURT WILL CALL REPORT OF STATE (POLICE) AND WILL HEAR BOTH ADVOCATES .ADVOCATE FOR ACCUSED AND ADVOCATE FOR STATE AND WILL EITHER ALLOW OR REJECT THE ANTICIPATORY BAIL APPLICATION OF PETITIONER ACCUSED.

2.IF IT IS ALLOWED THEN ACCUSED SHOULD FOLLOW SAME PROCEDURE ALREADY EXPLAINED LAST TIME.AND SUBMIT ALL SURETY DOCUMENTS TO THE POLICE STATION WHERE THE CRIME IS REGISTERED.

3.IN CASE HIGH COURT REJECTS THE ANTICIPATORY BAIL APPLICATION THEN ACCUSED MAY SUBMIT ANTICIPATORY BAIL APPLICATION TO THE S UPREME COURT OF INDIA.DELHI.AND IT MAY ALLOW OR REJECT THE SAID APPLICATION.

4.IN CASE ACCUSED IS ARRESTED BY POLICE AFTER HIS ANTICIPATORY BAIL APPLICATION IS REJECTED.THEN ACCUSED CAN FILE REGULAR BAIL APPLICATION TO THE DISTRICT AND SESSIONS COURT MENTIONING ALL FACTS AND ONCE SAID APPLICATION IS ALLOWED ,SURETY DOCUMENTS SHOULD BE PRODUCED TO THE COURT THEN ORDER FOR RELEASE OF ACCUSED IS PASSED BY THE HONOURABLE COURT AND ORDER COPY IS SENT TO JAIL SUPDT WHERE ACCUSED IS KEPT IN PRISON AND ALSO CONCERNED AREA POLICE INSPECTOR WHERE THE CRIME IS REGISTERED.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND THE DETAILS.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Smita_L01042008 (student)     21 December 2009

thank you Mr. Nandkumar


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