Anticipatory Bail Procedure
Ranganath
(Querist) 23 May 2009
This query is : Resolved
Ld Counsels,
While deciding on anticipatory bail petition why doesnt the High Court not asking for the copy of the complaint. A mere testification by the prosectution (PP and the police) is enough. Why is the HC not coming to the rescue of accsued as there is a possibility of tampering the original complaint by the police in the later point of time. Will the PP atleast have the copy of complaint before apprearing for the anticipatory bail hearing.
Also please let me know if the police/prosecution changes its stand about the alleged offenses after the AB was decided will that be legal.
Thats while appearing for AB if the police says that it is dowry harassment and after some time if it says it is a cheating case will that be legal.
Please clarify
Ranganath
(Querist) 24 May 2009
Further,
No Crime number was mentioned in the anticipatory bail.
Please clarify
Kiran Kumar
(Expert) 24 May 2009
pls clarify some facts of the case....one thing i must tell u in each and every high court the presentation rules and orders are a bit different.
and do mention from which state u belong to.
one more thing i must tell u fewer times a person may seek a blanket bail if there is no FIR but there is a reasonable apprehension of arrest.
Ranganath
(Querist) 24 May 2009
As per the Cr PC 438 HC is not bound by such rule. However, if there are allegations of cheating in the complaint and if the police ignore that and say only part of the accusation before the High Court will that be acceptable. For example if there are both dowry allegation as well as cheating is it valid if the police ignore cheating and tell that it is only a dowry complaint.
The actual fact is the complaint was changed/improved with cheating allegation after obtaining bail for dowry allegations.
Will HC accept this as foul play by police.
Please clarify
