LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dipak (Student)     27 August 2009

Anticipatory or regular bail to student living in UK

Hi All,

I need advice earlieist. I am from Gujarat, India but now studying and living in UK from last 3 years, moved here in 2006. After migrating here, in March2007,  my city local police in India longed a case against me for IPC 420, 464. The crime was 2 years old though so they have put me as absconding. Now I want to visit India for sometime so need advice urgently about this because some people told me when if I am applying for anticipatory bail or regular bail then court will order me to surrender my passport. I am still struggling to settle here so if Indian court is asking me to submit passport then it will ruin my career. I don’t know really what to do. Can someone please give me professional advice on this because it is really very stressful to deal with where I am suffering because of something for what I was not responsible?



Learning

 5 Replies

K.C.Suresh (Advocate)     27 August 2009

This is a serious issue for all. The better way is to approach the HC thorugh a competent & efficiant lawyer so that you can present the volume of your problrm before the bench. Plese try on that line. It is not safe to approach the police or surrender before the court.

Kiran Kumar (Lawyer)     27 August 2009

Dipak,

from the facts u ve stated i find the case was registered after u left the country.

as far as bail is concerned u can file it only after coming back to India, Bail application through power of attorney can not be filed.

whether u ll get the concession of bail or not will depend upon the facts of case.

if the Proclaimed Offender proceedings have been started against you then those can be quashed by the High Court provided you show that the FIR was registered after your exit from India and you were ignorant about the case during this period.

as far as conditions to be imposed at the time of grant of bail, the petitioner will not leave country will be one of the conditions.

you may not be directed to surrender your passport but if the other party or the state presses for it then you may be directed to surrender your passport with the police authorities.

otherwise also once you join the proceedings it will become difficult for you to leave the country.

since the facts are not in front of us and we dont even know the amount involved in the case, better approach some local lawyer of your city through your family members.

PARTHA P BORBORA (advocate)     28 August 2009

PL SURRENDER BEFORE THE COURT WITH A PRAYER FOR BAIL IF ANTICIPATORY BAIL PRAYER REFUSED. IF COURT IMPOSES A CONDITION THAT TO SURRENDER U R PASSPORT U MUST OBEY IT. BUT COURT MAY NOT IMPOSE SUCH CONDITIONS.

Dharmesh Manjeshwar (Advocate/Lawyer)     28 August 2009

I agree with with Mr. Kiran views/opinions .....

Jatin Sapra 9312223345,Delhi (Advocate)     19 October 2009

Hello,

First of all facts are not alear from your details.Second thing is dat there are very less chances of getting anticipatory bail in this scene, if u r having realy very good defence and case then u can go for quashing and seek stay over ur arrest and all.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register