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harishankar   11 March 2015

Ipc section 332

Respected Sir/Madam

I was believed to be accused in a case in 2013 (vs. state of kerala)which includes section 332 with riot and unlawful assembly. I was granted anticipatory bail at number 16 along with other accused.The instructions were to surrender in the police station and we did the same. The name in the fir was same as mine but the address was different and as i was relieved and the that person later applied for anticipatory bail and was granted the same. A few back the 16 person was relieved by JFCM as the police filed a report that they was mistaken due to clerical mistake while collecting the adress from college and the real accused is same. Today the court has judged that I will be added to the accused list as A16.

 

Please help with the following information.

1) Will my previous bail be still in effect.?

2)Will court issue me a summons or warrant?

3)Will there be any need to surrender again for interogation in police station

4)Will i get any relief from high court

 

Expecting you favour

Looking forward to hear from you



Learning

 7 Replies

ark200   12 March 2015

i don't think your anticipatory bail will still have effect. it is the second time you are added to the charge sheet. the bail is for previous arrest. you  can again apply for anticipatory bail.

if the court issue summon to you, you SHOULD ATTEND the court and promise to cooperate with court. that will lessen your punishment if any.

 

wheather you will get a relief from high court depends on what is your case: wheather there are evidences against you or not. i assume you are innocent.

harishankar   12 March 2015

Thank you ark200 for ur advice....yes i am innnocent , i also have some follow up questions....please answer...

What will happen if I appear in the court following the summons, will they arrest me are allow me to join others with the trial.

T. Kalaiselvan, Advocate (Advocate)     14 March 2015

If you are already on bail, the police will not arrest you once again. You have to follow the case and contest it properly.
1 Like

Biswanath Roy (Advocate)     19 March 2015

If you are innocent and not took part in the alleged rioting why you prayed for anticipatory bail with other accused, more particularly when you are a resident of a different address?  In law a person's identity can be determined upon three ingredients namely,- (a) Name, (b) Father's name, & (c) Address in full.

1 Like

ark200   19 March 2015

Originally posted by : harishankar

Thank you ark200 for ur advice....yes i am innnocent , i also have some follow up questions....please answer...

What will happen if I appear in the court following the summons, will they arrest me are allow me to join others with the trial.

if you appear in the court following the summon you will be put in judicial custody. you are already framed in the second case. so you have to contest it.

 

you may argue what happened in your previous case when it is related to the same offence and you may give your evidence. i think there is some misunderstanding between you and police.

1 Like

harishankar   19 March 2015

sir,...i am added in the accused list by 173(8) report of the police.....and now a summons has been issued...i was once granted anticipatory bail.....but i didnt used as police send me back home.

T. Kalaiselvan, Advocate (Advocate)     19 March 2015

What do you mean by using anticipatory bail?, once an anticipatory bail was granted and properly executed by observing the conditions laid out in it, you are on bail throughout till disposal of the case, you dont need to use it or not to use it.  It is not a medicine or a product that you will use it and discard it.


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