Police without even calling the accused and without carrying out preliminary inquiry lodges FIR against senior citizens above 73 years under section nIPC 354, 354 A, 341, & 509. Police gets statemnet recorded under CrPC 164 by a lady and maligning two senior citizens. .
Anticipatory bail (AB) rejected by Session judge.
Applied for AB in High Court. AB Granted to one person.
AB applied separately for second accused in Oct . Case delayed at our request and next hearing fixed for 17 Feb 2020.
Police can surely arrest second accused now in absense of AB till 17 Feb 2020.
Please suggest how to get out this situation so that senior citizen is not arrested.
Can both accused join investigation at this stage?
Can police organise AB or regular bail for both accused persons without asking for custodial investigation. If so how.