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(Guest)

Police arrest - can this be avoided - driving accident

hi
my friend got into a accident yesterday on a friday.and he knocked out a person. he was doing 50 mph and just crossing some slow movig lorries on the left and all of a sudden a man came running from lef to right ,coming between throug those lorries...when he is going on right...he went to the pollice station and did all the formalites and  the police had asked him to come on a saturday...but this moring he heard that the injury is so sever that the leg has to be amputated for that person who got hit.. and he also heard things like it is tough to get a station bail at the station per the orders from higher authority for these of offenses.
in this case, is it  advisable for him to go hiding until monday so that AB could be applied ? he fears arrest and being locked up until monday if he himself goes to the court....by all means ,he seem to be innocent as his family was there with him in the car (wife and mom) and they are telling the same version on the person just crossing the road all of a sudden from no where...can the police be so serious about picking him up if he doesnt show up or can they wait until monday..he feels bribing the police at the station to avoid arrest until monday is definitely not possible..what is your suggestion to avoid arrest for the time being..

 



Learning

 10 Replies


(Guest)

correction - it is 50kmph.

Sudhir Kumar, Advocate (Advocate)     28 March 2015

it is bailable offence and he can get bail when he reports to thana.


(Guest)

thanks.
what is even more interesting is that.. the police clearly feel that there is nothing wrong with the driver based on the incident....but they still want to write the report as if the victim came from right to left making him project as being visible to the driver when he was crossing and as per them,, this is because ,just so the injured can get the insurance claimed ..though it is understandable that the victim need to be settled for his loss by the insurance by writing a report in his favor, but not  at the cost of twisting the case and putting an innocent driver in trouble.....

cyberlawyer (barrister)     28 March 2015

It is the pedestrian's mistake, he should have noticed the vehicles coming before crossing the road. Which leg was amputated, the right or the left leg ?. According to the incident, his right leg will most probably be amputated as the vehicle would have dashed the right leg, but the possibility of injuries in the left leg cannot be ruled out. Anyway by the injury itself it can be proved as to which leg was knocked first by the vehicle. Dont worry you can easily prove that he crossed the road from left to right. 


(Guest)

@cyberlawyer -
at this point i dont know which leg is it..but what you said makes sense..you are right..thats exactly what my friend argued as well where he want the police to state the incident as is..but then the reply from the police is this -  if you want us to write the actual incident, then get yourself remained locked up until you prove it yourself that he came from left to right..which means ideally ,at the minimum,he should remain locked up atleat until monday till he gets a AB failling to comply with what they want to write in the case..we absolutely have no clue here whether if police is trying to cut a deal with the victim on his insurance claim by trying to write it this way in favor of him. but all we have want to know here is -

1.what are the options for him to remain to not get locked up until Monday/till he gets AB..so that he doesnt have to sign this cooked up incident case write up.

does absconding till monday/until getting AB makes this case any worse?

 

cyberlawyer (barrister)     29 March 2015

As Mr.Sudir pointed out, it is a bailable offence and you can give bail in the police station itself and your friend is not supposed to get locked up. Seek services of a lawyer and your friend is free from this trouble. I think the police needs some moola. But since it is a bailable offence, your friend need not spend a penny except the bail amount I suppose. 

Mr. Sudir sir, kindly clarify as even i need to know the details of criminal proceedings. 

Sudhir Kumar, Advocate (Advocate)     29 March 2015

Mr Cyberlawyer has already elaborated what I said.


(Guest)

well- you all seem to be missing a major point from the beginning. SP for the station is so strict that had he had passed orders not to entertain any station bail to prevent the station staffs from indulging in bribery. and so we couldnt get it .. he eventually got the bail on today through court..but ,i only wanted to know if the station had acted in the right way in not issuing him the station bail?can we file a complaint  or with the human rights commission on the police for not issuing station bail ,by the rules,while the enquiry is still going on ..obviously we had a inefficient lawyer.

Sudhir Kumar, Advocate (Advocate)     30 March 2015

You have now introduced the facts that "well- you all seem to be missing a major point from the beginning. SP for the station is so strict that had he had passed orders not to entertain any station bail to prevent the station staffs from indulging in bribery. " Sorry. You cannot take the experts as PRASHNASHATRIS you have hidden this fact earlier and now blamaming the experts.

(Guest)

sorry expert - i would respectfully disgaree with your statement. Niether i do consider any of your replies as PRASHNASHATRIS,as you assume here.
I was only referring to the below statement  that was mentioned in the very initial post of mine- :
" and he also heard things like it is tough to get a station bail at the station per the orders from higher authority for these of offenses. "and you keep referring to getting a station bail regardless.


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