yogita (student) 28 April 2009

Accident case again

Person A resident of Chennai driving towards Mangalore, unfortunately meets with an accident on the near Hosur (Tamilnad border). He took the victim to the hospital. But Police filed a case against him IPC sec 279 and 337. He was released on police bail bond on the same day. Got his vehicle released from police after IMV with local RTO. He asked help of some local advocate but he remained abscent as per police. Now police is asking him to be present for the trial. But No summons. WHat are his choices?

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5 Replies

N.K.Assumi (Advocate) 28 April 2009

He knows that he is charged under section 279 and 337 IPC and release on bail by police and got his vehicle released. He is bound to appear for trial if informed, though no summon issued.

n.k.sarin (advocate) 29 April 2009

Agreed with the above view.

yogita (student) 29 April 2009

THanks for the comments.

I think his presence is not essential, as there is no summons or legal notice. But he can get anticipatory bail, if required to avoid harrasment by police. Police needs to send a report/charge-sheet to the magistrate for the issue of summons. He need not respond to the phone calls.

n.k.sarin (advocate) 01 May 2009

your are absolutly right madam.

A Truthseeker ( A retired Indian citizen) 01 May 2009

Mr. Assumi

i beg to differ with you. getting bail does not necessarily mean filing of charge sheet. unless chargesheet is filed no prima facie case is made out and the accused is not required to appear before the court. though in our trial courts accused appears from time to time. but as per view of the Hon'ble Apex Court an accused may remain absent till CS is filed.