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jaswinder (AM)     28 August 2011

Anticipatory bail

Friend belongs to MP, His wife belongs to Mumbai.

But both are working in Chennai.

she filed a case against him 498A in mumbai

he was having AB from session sourt of chennai of 48 hours.

when police came to him with arrest warrant.

he showed AB but police forced him to come to mumbai saying that this AB will not work. You should have obtained AB from mumbai because she has filed case against you in mumbai so you have to come with us.

It is requested to guide me quickly if somebody can. Is it a necessary to get the AB from that session court where case (complaint) has been registed by her wife.

in this case what is the use of getting the AB from chennai will it not be helpful for him in future? or he can refer in the future in the final agreement.



Learning

 14 Replies

ajay sethi (lawyer)     28 August 2011

since case has been filed in bombay , application for anticpatory bail has to be made in bombay only . the police are absolutely right

jaswinder (AM)     28 August 2011

so you mean to say my friend should have taken atleast 3 AB one from chennai, one from MP and one from mumbai. can she filed 498A from any other place in INDIA mean otherthan chennai, MP and mumbai?

pratik (self working)     28 August 2011

what 3 AB not possible Ajay sir is right 

jaswinder (AM)     28 August 2011

Mr. pratik : Im repeating the question ? wherelse she can filed a case against him 498A. In mumbai, MP,chennai or anywhere in INDIA if anywhere in INDIA then how can somebody judge where she is going to file the case?

he was staying in chennai with her so he obtained the AB from chennai. because her parents threatened him there.


(Guest)

your friend has to taken AB bail from District Court Chennai, coz crime was supposed to be registered at Chennai. and accordingly Dist Court granted AB. In this query FIR was registered at Mumbai, so have to take AB from City Civil Court, MUmbai. Police is right in this matter

jaswinder (AM)     28 August 2011

thnx every one for reply

chandra mohan (power)     28 August 2011

No I think its not correct. The transit bail will be applicable for mumbai case also.

Adv. Chandrasekhar (Advocate)     28 August 2011

I am subject to correction.

The proper procedure is the Mumbai police cannot lift a person from Chennai on the basis of FIR registered in Mumbai.  They have to first report to the police station of chennai, where accused is living and take the police personnel of chennai to the place of accused to arrest the accused.  Once accused shows the anticipatory bail order to the chennai police and their accompanying bombay police, he will be produced before the concerned chennai metropolitan magistrate.  Then Chennai magistrate grant transit bail and direct the accused to appear before the concerned Mumbai Magistrate and get regular bail from there. Then the accused go to Mumbai without getting arrested by Mumbai police and appear and move bail application before MM of Mumbai.  Generally, his bail application is considered favourably as he got such an order from Chennai and mumbai court also will generally grant bail.

The chennai judicial courts have no jurisdiction beyond chennai, similarly the police of Mumbai have no territorial powers beyond Maharashtra.

1 Like

chandra mohan (power)     28 August 2011

yes chandu sir,

thanks. its correct procedure.

thanks for your accurate answer. you are really expert. I request all the expert to please guide the needy correctly otherwise needy person will be in dilemma. Jaswinder  ji please read the correct answer. this will be helpful if they had not taken him.

jaswinder (AM)     28 August 2011

THANK YOU SIR SO THAT MEANS MUMBAI POLICE CHEATED HIM

jaswinder (AM)     28 August 2011

MUMBAI POLICE CHEATED HIM CAN THIS BE CHALLENGED? IF YES THEN PLEASE REFER THE ACT, SECTION OR CLAUSE I WILL BE VERY THANK FULL

jaswinder (AM)     28 August 2011

HE WAS HAVING AB OF 48 HOURS

CAN SOMEBODY EXPLAIN FROMWHERE THESE 48 HOURS STARTS AND WHERE GET FINISHED?

POLICE CAME ON FRIDAY WHOLE DAY HE WAS IN CHENNAI WHEN HE REFUSED TO GO WITH MUMBAI POLICE THEN THEY FORCED HIM TO COME WITH THEM TO MUMBAI.

SO HOW HE CAN USE OF 48 HOURS? EITHER HE CAN STRAIGHT AWAY SAY THAT AFTER 48 HOURS I WILL COME TO MUMBAI OR IS IT COMPULSORY TO GO TO MAGISTRATE ON SAME DAY PLEASE VERIFY.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 August 2011

Jaswinder,

 

Few pieces are missing. Was this bail of notice, was this transit bail. Effective from which date etc etc

 

Adv Chandu had advised on the matter on procedure.

 

Now, that the bail is done, what action do you want to take. If there are any procedural lapses and you want to get back on police, then that can be done.

 

What I would rather advise is to concentrate on the case at hand and don't think much about the past. It is very difficult to prove lapses and police generally knows how to cover tracks. Discuss the case with your counsel and move accordingly on any counter case.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

jaswinder (AM)     29 August 2011

ok no problem thanx

i got ur message i will concentrate on my friends case


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