Upgrad LLM

dealing with police

Security

Dear  Friends,

A friend of mine has been falsely implicated by the police on charges of attacking an office with a petrol bomb. At the time of the attack, the said person was with me in Bangkok on a holiday. The person whose office has been atacked had some old rivalry and ill will with my friend for some personal reasons and has indicated to the police that my friend is the only person who can atack him and that my friend should be arrested.

Firstly there are no eyewitenesses as to who commited the  attack and secondly my friend was in Bangkok with me at the time of the attack.

Whe we called up Bangalore we were informed about the incident by our families and the fact that the police were looking for my friend in this case. My friend is afraid that the police will torture him and elicit a confession out of him and he will have to undergo physical torture by the police and then go to jail till he gets bail. This isthe reason he is hesitating to return to India. He has gone to Thailand on a fifteen day tourist visa and then has to go to Bngladesh and stay there for fifteen days. He is not very rich and can not afford to stay abroad for a long time as he is employed in India and the sole bread winner of his family.

The police have stopped investigating any other angle to the case and their sole aim is to get my friend. The courts are very slow and my friend is not sure whether he will get anticipatory bail. The police are not willijg to place any evidence against my friend as they dont have any evidence against hm but the person who has been attacked is so powerful that my friend will be surely fixed.

Please let me know what recourse is available to my friend and what steps he should take to avoid police brutality. My friend has no problem going to jail if there is any evidence against him but he can withstand the police brutality and will make a confession so that he can be sent to judicial custody.

Please advise what needs to done in this matter.

Thanks,

Jasvinder Singh

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
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File anticipatory bail along with supporting documents - ticket to Thailand, staying there at the time of alleged offence and proof of his remaining there, passport photo copy and Visa. 

If he cannot get anticipatory bail, then it is better for him to surrender before the judicial magistrate seeking regular bail again on the strength of the above documents.  Effectively argue against police custody and for judicial custody, in the event of bail is not granted.  He cannot run away from the law as he is a poor person.


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I think when ur friend is innocent then he should not run from police, he is not criminal then why is he feeling fear? I think first of all, he should file the case in HC for anticipatory bail with all the proves like passport, tourist visa, etc. If police arrest him in illegal way then he can take help from NHRC against the police. Police will have to go in the front of Magistrate with ur friend in the 24 hours after arresting then ur freind can get bail easily . Police cann't do anything against ur friend without any withness or proof, and withour permission of Magistrate.

 
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Dear Mr./Ms. Preetika Aggarwal,

Practical law is totally different to bookish law.  He should not approach H.C. directly for anticipatory bail.  First he has to approach Sessions/Additional Sessions Judge to get Anticipatory Bail. If he fails there, then only he has to approach H.C.  There also, if he fails, then he has to try regular bail after surrendering the accused.  In reality, generally, the judges will hear A.P.P. and grant police custody for 3 or 4 days for investigation/recovery of articles etc.  Our accused is worrying for the first 24 hours in police custody and if magistrate grants further police custody, where he may face third degree torture.  National Human Rights commission is good for nothing in these matters and it has no teeth.  It appears you are a student.  I request you to get first hand experience by visiting the courts regularly instead of just reading judgments.

Wish you best of luck.

 
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Respected Prabhakar Sir,

Thanks for telling me my mistake, I did not know practical law is different from theory, so I m sorry for my commitment.  I m a student & don't know reality of law, U r my senior, u know very well than me, so thanks for showing me right way.

 
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Security

What the police in Bangalore do is this: First apprehend the suspect by the city crime branch and then take him to some police station and apply third degree on him. Once the suspect agrees to a confession that suits the police,  he is taken to the jurisdictional police station where he is shown as arrested on the same day at some place which not the home or office of the suspect. Once the written conferssion of the suspect is obtained, he is produced before a magistrate usually in the rersidence of the magistrate late in the evening and then sent to judicial custody.

This has happened several times where the police have been used to settle scores with innocent people by the rich and famous people. My friend is not running away from the law but only avoiding police brutality. The police are watching his office and residence 24 hours a day and trying to trace his calls which he has stopped making. One thing I am very sure about is that the police have absolutely no evidence against my friend except the statement of the complainant who has voiced his doubt against my friend.

Can he through his advocate in Bangalore file a complaint with the human rights authorities in Bangalore ? The case of Gulshan kumar Murder case comes to mind where the music director Nadeem avoided arrest by going abroad and the courts of that country refised to extradite him as the police has not concrete case against him. I would like to know how this is done. 

His advocate will be filing an application for anticipatory bail and lets see what happens then.

 
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If I.B. people or police are trying to pick up a person with an intention of extracting conffession by applying 3rd degree methods, we should prepare haebeas corpus writ petition and keep it in hand and immediately the person is picked up we have to move the High Court with the above said writ petition, with advance copy to the P.P. so that the police would be deterred to get confessions and use less physical torture.  But, you know, in this process also the innocent accused will be in the hands of police for some hours, when he may be manhandled.  If that happens, after obtaining the medical certificate, we move High court.  In this entire process, I again request you, do not put any hope on the Human Rights Commission.  They will not help in anyway.  Even the area Metropolitan Magistrate is more helpful, if he is convinced that a person has been illegally kept in custody for obtaining confessional statements.

 
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Security

My second worry is that if this person is picked up by the police, he will be forced to make a confession and will have to implicate another innocent person as he was not in the country at the time of the incident. This way my friend will make another enemy for no fault of his.

A petition for anticipatory bail will be filed today and lets see how it goes and then will decide the future course of action

 
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You need not worry about these "confessions".  They are good for nothing.  They will be thrown in the dust bin when the trial goes, because these confessions are violative of the provisions of Indian Evidence Act and these confessions made in the presence of the police officer cannot be taken on record.

 
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Faculty

the confessions made to or in front of  a police officer, are invalid as per the provisions of  Indian Evidence Act.


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