(Guest)

Question regarding anticipatory bail

Dear All,

I am in a very bad situation and i need guidance from you all.

My wife has put 498-a,406 on me and my mother.

I applied for notice bail. Got Notice bail for 4 days. Then i applied AB in Sessions court for me and my mom. It was dismissed by Judge (My lawyer said there is political pressure on judge). Although, some politcians were involved during initial phases of 498 with my wife but now these politicians are not acting in front, i think they are acting on back side. I am not sure.

Now, you all know the Indian police tendency, police personals started asking for money from me starting from Constable to SHO including IO from the day complaint was received by them. My case was never referred to women cell.

I have already given a very heft amount to them i.e to police via one of our family friend who was acting as a bridge between me and police. They asked the money that they help me in getting AB from Session court, but session court rejected my bail plea on very weak reasons.

Reasons of rejection of Bail:- I did not picked up my wife's call and she got suspicious thats why she came to our house and me and my mother beaten her. Although, i picked all her calls. I have the bill with me with incoming call details. Alo, our neighbors were present when she created a scene. We never beaten her, all our neighbors know this. Anyhow, bail was rejected.

Then i applied my bail in Punjab n Haryana high court, from there i have got interim bail in which it was stated to join the Police investigation on 27th Oct 2012 which i did and also it has been mentioned to come to mediation centre on 2nd Nov 2012 and pay my wife 10,000Rs for travelling and misc expenses.

Now, Police is asking for more money because they are showing me that they will help me to get AB from high court (my next hearing date for AB is 30th Nov) and for recovering items from my rented accoomodation in Gurgaon too. I had stopped paying rent of this house, my wife is still staying there and she must be paying the rent.

I have already produced surities in Police Station and have also filled Personal bonds (for me and my mother both), also they took mine and my mother's fingerprints and IO asked for all family details (maternal and paternal).

After this SHO and IO are threatening that they have to do recovery from Gurgaon (i was staying in rented accomodation in Gurgaon) and my parents were staying in Mohali. I am not paying for this rented accomodation anymore, but all my stuff is lying there including my laptop and my wife is not returning those things, although i sent one of my friend to collect those items.

Although, they did not helped me either earlier even after taking money, because my AB was rejected by Sessions court (my lawyer told me that Judge was under political pressure, that's why she rejected our bail) and police is also telling us the same.

I am fed up of paying money to police and in fact i dont have more money to pay them. What shall i do ?

Yesterday, IO called me and he was very angry that i am not paying money to them. I am very tensed and depressed, dont know what shall i do ?

Can you all pls guide me ?

BR, Mani

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6 Replies

Sanjeev (Lawyer) 29 October 2012

Paying money to police is of no help and ploice cant help you to secure AB so stop paying police. The AB final will be decided post mediation failure or success so try to solve the issues in mediation even if mediation fails then you would most likely get bail from High court.

Keep evidences of your joining police - this may be done by way of submitting a letter in police station when you go for joining investigation as per HC order. Draft a letter stating that as per HC order I am here to join investigations and take a stamp on the duplicate copy this will help you at the time of final bail hearing as you can produce it as a proof that you were present for the police investigations along with other accused.

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(Guest)

Hi Sanjeev,

Thanks for the reply. I have got the DDR no for the date i went to PS for investigation. I dont get any duplicate copy of any letter, but yes i do have DDR number, which was written that the accused has join the investigation on so n so date.

What do you say is that enough.

Also, 1 more question do i need to submit a hefty amout in High court as bail ? I already have filled Bail bonds & personal bonds in Police station. I dont have much money left, thats why i am worried.

BR, Mani

surjit singh (Assistant) 30 October 2012

Mr Mani, it appears your neighbours are in your favour, in that case keep all the records of phone call, if possible try to records the conversaton of the police asking money from you, it will be of great help to you, in getting the bail if the mediation process fails and also during the trial period. When you have got your interim AB in that case paying money to the police will amount to throwing money in drain. Last week the supreme court has passed a landmark judgment in case of 498A, where it has been specically directed the investiatong authority as well as the lower judiciary not to harass the family members when there is no specific allegation present in the FIR. Ask your lawyer to have a glimp of the judgemnt summarily, I think this will help you.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 30 October 2012

Paying money to Police is like feeding raw meat to the loin, in a bid to make him vegetarian. It would suck you in a cycle of more and more bribe at each stage.

God Willing you would get AB from HC.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar

2 Like

(Guest)

Thanks Shonee Ji for your reply.

You have helped me to defeat my fear of not getting AB from HC. As, i am just afraid what Police can do in Interim and AB ? As stated earlier they are asking money at each and every stage.

BR, Maninder