LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

meenakshi (comany sectreatry)     23 December 2009

seeking bail regarding sec. 376 IPC

The accused is real father of prosecutrix. She is now 22 yrs old residing in posh colony. since her attianing majority she is least bothered about the sentiments of her parents despite the reason that her parents have norn and brought up all her children diligently but the prosecutrix have indulged relations with anti social elements. The prosecutrix misbaheved and mishandled with her parents and other siblings in case they raised objections against her wishes. Finding no other alterantive parents have lodged some criminal complaints when the prosecutrix have statred raising derogatory agaisnt her parents. When the police officials revealed that it the prosecitrix who is misleading the police officials and they took no actions agaisnt her father. She filed a case under section 156(3) seeking directions to lodge FIr under section 354/506 IPC. but even the presiding officer understoof the malafide and incorrect intentions of the girl and is not directing police officials for lodging FIR even the IO is scolding the girl hence the prosecutrix has levelled vague allegations agaisnt her father and one FIR has been falsely lodged agaisnt her father under section 376/34 IPC on the vague allegations.

One bail application was filed before concerned MM which has been rejected being INITIAL STAGE. In how many days bail should be moved in the sessions court. The case has been published in 2-3 news papers also. If any rulings are there help??????????????????????


 4 Replies

M.A.Khan (head)     23 December 2009

dear minaxi! 1st of all the magistrate has got very limited powers(easy to say no powers) to grant bail in cases which are punishable upto life imprisonment and death penalty, moreover thr is no time limit to seek bail frm sessions court, so any time u can approach sessions court for bail and by pointing out the past incidents of that girl of being habitual of lodging false cases, the court wil surely appreciate the same and wil b helpful in getting bail, however unless and untill i see the contents of FIR, i cant refer u some rulings as to which one is applicable in ur case, so if u wish u can send me FIR in mail here so that i can guide u properly, bt according to me its a fit case for bail and after the investigation will b over, surely its going to b a case for bail and also a case of acquittal.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     23 December 2009

file your bail application to the higher forum with full particulars and also file a typed set of relevant documents. If you are sucessful in creating a doubt on the mind of the judge about the veracity of complaint and character of complainant, then you will suceed.

you can raise a doubt that why allegation of rape was not raised in her 156(3) complaint in which she alleges only 354 and 506 IPC.




V.Senguttuvan (Advocate / Mediator & Concilator)     12 January 2010

  Mr Khan has rightly stated that no magisterate has power to grant bail in this case Hence it is advisable to move bail before the court of session immediately. There is a fair chance if the I.O reveals the true fact before the court of law.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register