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samanchi srini vas (member)     18 October 2010

crijminal

with great respects... in a FIR if  name is not disclosed  , can i file anticipatory bail application kindly  provide any apex court judgements with regard to anticipatory bail .........if FIR dose not disclose the accused name.. 



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 October 2010

If your name is not appearing in the FIR do not go for anticipatory bail..  If you tak the anticipatory bail then definately your name will be included in the chare sheet.  Wait .

Sathyan A.R. ( Advocate practising tax advisor)     18 October 2010

Section 438 of the Code of Criminal Procedure deals with anticipatory bail. When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

Making an application for anticipatory Bail does not suo moto make your name added in FIR.  If you strongly belief that at one stage or other you are likely to be arrested you can make anticipatory bail application.

A.R.Sathyan

Advocate.

DEEPAK ASSOCIATES (08010117611)     18 October 2010

Advice : Till you did not receive any notice from police do not move to court for AB.

Sri Vijayan.A (Legal Consultant)     19 October 2010

If the name is not appeared in FIR, do not move for AB.

If u donot know the fact whether apeared in FIR or not but if you strongly suspect expect the arrest, try for AB.

samanchi srini vas (member)     19 October 2010

thank you for kind advice....

MANOJ BEHAL (PROPERTIOR)     20 October 2010

MANOJ  HANSRAJ BEHAL

202,2nd Floor , Om Prakash Arcade,Nr.Ambedkar Garden,Chembur (East),Mumbai-400071.

022-25212756 / 25212733, CELL NO : 9821086058.

--------------------------------------------------------------------------------------------------------------

20/10/2010.

 

To,

 

Ref : Life Threat & Assault & Kidnap for Extortion of Money.

 

Dear Sir,

I am Real Estate Agent having office 202,2nd Floor , Om Prakash Arcade,Nr.Ambedkar Garden,Chembur (East),Mumbai-400071.

 

Yesterday I was being life threaten & assault in Sanpada near Moraj Circle near to Palm Beach Road by Mr.Kishor Makkad & his Son Mohit Makkad he has tried to kidnap me drag me in his Car he try to pick me up and drag me for extortion for money.

 

I with all my Struggle I managed to shout for help and shouted for Police with hearing my shout they managed to run in their car. They were trying to kidnap me.

 

I had taken one plot in Nasik for 3,11000/- ( Rupees : Three Lakhs Eleven Thousand ) from Mr.Kishor Makkad for which I have paid Full & final payment to him, now it seems the price’s has gone up he has wrong intention and is having mouth watering to grab the plot by way off extortion and illegal aliments, I have complaint to the Police authority for his manifest  intention before.

 

Mr.Kishor Makkad use to staying in Chembur Address :   A-107, Triushal  Ganga Co-op Hsg Scoiety, Sindhi Society, Chembur,Mumbai-400071.now his shifted to, Kopar Khairne Navi Mumbai his Mobile no : 9821259036 & his Mohit Makkad Mobile no : 9821555520

 

I have been threaten by the same Father & Son previously the record I submitting to you. they are criminal history Cheater in crime records in Navi Mumbai & Mumbai and  Mr.Kishor Makkad was arrest for Criminal & Extortion in anti social activities and  the Mumbai Police can verify his Crime records from the department.

 

I have reported my NC report to you by NC Report No : 1648/ 2010 (IPC-506)  Dt:15/10/2010 and my previously Compliant are as follows:-

 

Mr.Kishor Makkad & Mr.Mohit Makkad are connected with a Political Party and always threat and proclaim to everyone that they have a great relation with Shri.Ganesh Naik Family & Sanjeev Naik  Family of Navi Mumbai. He has threatened me that from tomorrow you are banned from entering in Navi Mumbai.

 

India is a democratic country every Indian has got its fundamental right to move and speak in a civilized society who is kishor makkad to stop me from entering Navi Mumbai, he is a proclaim Gunda & connect to wrong elements can he take Law and enforcements in his hands? 

 

I personal feel that this  Ganesh Naik Family has got nothing to do with this Gunda  and Gangster family they are always using to maligns their name.

 

I would request you sir to please take action against  Mr.Kishor Makkad & Mohit Makkad they always say police will never touch them.( Police Mera Kya Bigad Laay Gee Tum Kihdar be Joo Police Mera Kuch Bhi Nahi Begad Sakthi)

 

Does it mean that Law Breakers are being protected in Navi Mumbai by political clouds.& common man has no right in Civilized society in Navi Mumbai.

 

Can a Common Man in Navi  Mumbai live freely in this atmosphere does this mean Gunda raj will carried on or will it stop by the help of Police.

 

 

Will I get justice or will this plea will be rested in only files and with no action ,

 

I will request you to take Strict action to the Law offenders  who gives Life threats let us wait for  Police taking  action.

 

Thanking you,

 

Regards,

 

 

Mr.Manoj H Behal.

 

CC to :

Shri.Ahmad Javed ( Commissioner of Police Navi Mumbai)

The Dy.Commissioner of Police ( Navi Mumbai)

The Commissioner of Police Mumbai.

Shri.Rakesh Maria (Jt.Commissioner of Police Crime Branch Mumbai )

Shri.D .Shivnand ( Director General of Police Mumbai)

Shri .Prakash Singh Bopari Senior Inspector of Police  (In-charge) Anti Extortion Cell.

Shri P. A. Sangma General Secretary ( N.C.P)

Shri.Sharad Pawar ( President ) N.C.P

Shri.R.R.Patil. Home Minister of Maharashtra

Shri.Ashok Chavan ( Chief Minister of Maharashtra)

Shri. Chhagan Bhujbal Deputy Chief Minister

Shri Govindrao Adik General Secretary (N.C.P)

Shri.Ajit Pawar.


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