Sachin (N.A) 17 February 2017
Yes, you should file anticipatory bail.
The courts of sessions and high court has the necessary power vested in them to grant anticipatory bail in non-bailable offences under Section 438 of the criminal procedure code even when cognizance if taken or chargesheet is filed.
Purpose of Section 438 of the Criminal Procedure Code is to prevent undue harassment of accused persons by pre-trial arrest and detention.
Kamal Dixit (Lawyer in Thane District Court Mumbai Thane) 19 February 2017
As per high court judgements ,in sec.498a of IPC( non bailable) offence no custody required in police or jail.. accuse person should be present in courts after received warrant or summon on date.then can give bale application through advocate same time...this is matrimony case easly can be grant bale if advocate argument proper .In safe side section 438 of Cr.PC Anticipatory bale application can be produce in Session courts and can take bale
Kamal Dixit (Lawyer in Thane District Court Mumbai Thane) 21 February 2017
appear in court on hearing date when received notice or summon,u can get bale,on time