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(Guest)

How to avoid arrest in this case-

hello. how to get a bail in a case where a police wants to arrest you in the weekend for a misuse of mobile sim purchase on your name..the police also clearly know this but approaching you over the weekend so that they know you cannot get a bail and would be ready to shell out money to avoid it. how to handle this kind of a harrassment from police....one of my innocent friend is going through it..need advise.. i heard it is possible to get bail from the local magistrate even in the weekend on some scenarios. so wanted to know how to handle the above threat...



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 November 2014

Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.

To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.


(Guest)

thanks for all the replies but we are missing a major point.
can all these procedure be done over a weekend when the court is not open...does that mean the person have to spend the two days in jail regardless over the weekend...or can the police release him on a station bail in this case for which am sure the police would expect something....

Sudhir Kumar, Advocate (Advocate)     26 November 2014

in most of the ciites on magistrate sits on sundays as well.


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