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Yoonuse (a)     29 August 2010

Anticipatory Bail for NRI

 

Dear Sir,
Could you clarify 2 situations to me please?

1) For a NRI who is residing outside India, when the wife goes back to India and files false case (489a,323) against him. Is it mandatory for the person to go back to India to get anticipatory bail (AB) or to execute the AB in court / Police station ? Can he give Power of Attorney to his parents / Lawyer whilst he is outside India (parents / lawyer in India)

2) In similar situation, to obtain AB for his parents- should he come to India?

Please reply in details .. thanking you in advance...



Learning

 1 Replies

nitish neilesh sanga (lawyer)     29 August 2010

ur wife goes back to india and filed the false 498A case in india............place of occurence ....outside the india...so far as sec 498A is concerned, it is a continue offence......in the event of ur anticipatory bail...it is necessary to come india and execute the surety imposed by the court......no power of attorney required......and ur parents are also liable to came here in india to execute their surety bonds.


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