Munno Rathod 08 September 2021

Process after anticipatory Bail

one of my accussed granted an anticipatory bail from sessions court,when we have approached before I.O of the matter for accused statement but they have refused to take statement and threating to accused for remand till today they have not taken statement nor taken surety.
1.) Now according to the sessions order 7 day is complete for statement so what legal step should be taken for this matter ?
2.) surety can be given to the megistrate ?
3.) Police wants recovery of gold from accused but we have said gold purchase from main accused on statement of his (main accused) States that he has gold and taken gold loan from muthoot finance so we have beleive on his and purchase that(This is role of our accused).
plz guide on legal points and procedures.
regards

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Quick Summary

An individual granted anticipatory bail by the Sessions Court is encountering difficulties with the Investigating Officer (IO) refusing to record their statement and threatening remand. The IO has also not taken the surety bond. The discussion seeks guidance on the legal steps to take now that the 7-day period for statement recording has passed, whether surety can be given to the magistrate, and advice on a recovery issue involving gold purchased from another accused.

2 Replies

Dr J C Vashista (Advocate) 09 September 2021

Let it be 7 or 17 days for recording statement of accused by IO, it do not make any difference, the accused will be given proper notice before being called / arrested. Read orders on the application of AB passed by the Sessions Court qua submission of surety bond, it should be SHO / IO as charge sheet might not have been filed as presumed. However, the accused is required to cooperate investigation.

Pradeep Kumar (Lawyer) 09 September 2021

Kindly ensure that you make a written representation or take a presence note for joining the investigation before the investigating officer. If Investigating Officer is trying to harass you byNot revealing your presence in the investigation as per the interim order/anticipatory bail order to join the investigation within seven days, then immediately you my file an application before the session Court to inform the conduct of the investigating officer.