are accused bound to forcible disclosure?
tarun
(Querist) 26 December 2010
This query is : Resolved
respected members
in a cross case it is alleged that the one of the accused hit the complainant by iron rod and disfigure the left index finger of the complainant, this is a false allegation case regisrered u/s 325 i.p.c, and the accused filed anticipatory bail application before session judge, the addl. session judge ordered the accused to join investigation on 27.12.2010, now the IO in this threatning the accused persons that they must have to write that the iron rod has been throwan in a running cannel(nehar) or they must have to produce to iron rod, but when the crime has not been committed and there is no iron rod so alleged, then how the accused produce it? the I.O also threatning that if accused will not obey then he will say to judge that the accused had not joined the investigation or the accused did not cooperate in investigation, and the anticipatory bail will not be granted to accused, now the accused has to join investigation, but the case is false and i.o is making pressure. what are the remedies availble to accused person??????? the i.o is in favour of complainant who is also accused in cross case. now what are the remedies avaialbe to accused against i.o to avoid forcible disclosure.
adv. rajeev ( rajoo )
(Expert) 26 December 2010
It is wonder without granting the AB judge has ordered to the accused to join the investigation.
the remedies cannot be disclosed here so call me.
Guest
(Expert) 26 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100 ,09271971251
e.mail.nandkumarbs@sify.com
e.mail.advocatesawantnb@yahoo.com
YOU MAY KINDLY NOTE THAT.
1.ANTICIPATORY BAIL APPLICATION SUBMITED TO THE SESSIONS COURT.KINDLY MENTION IF ANTICIPATORY BAIL IS GRANTED OR INTERIUM ANTICIPATORY BAIL IS GRANTED.YOU HAVE TO JOIN INVESTIGATION ON 27/12/2010.IT IS VERY CLOSE.
2.YOU MAY KINDLY NOTE THAT IN CASE YOU ALREADY HAVE ANTICIPATORY BAIL ORDER / INTERIUM ANTICIPATORY BAIL ORDER WITH YOU THEN YOU NEED NOT WORRY.YOU HAVE TO SUBMIT SURETY PAPERS WITH SURETY PERSON AS PER ORDER OF SESSIONS COURT.KINDLY NOTE THAT ANTICIPATORY BAIL IF ALLOWED THEN YOU HAVE TO FURNISH BAIL DOCUMENTS TO THE CONCERNED POLICE STATION.THEN POLICE OFFICER CAN NOT ARREST YOU.
3.IN CASE YOUR ANTICIPATORY BAIL APPLICATION IS REJECTED BY SESSIONS COURT THEN YOU HAVE TO APPLY FOR ANTICIPATORY BAIL TO THE HIGH COURT .IN THAT CASE YOU CHANGE THE ADDRESS AS POLICE MAY ARREST YOU.TILL INTERIUM ORDER / FINAL ORDER OF ANTICIPATORY BAIL FROM HIGH COURT YOU HAVE TO STAY AWAY FROM HOME AS POLICE MAY ARREST YOU.YOU GET THE ANTICIPATORY BAIL GRANTED FROM THE HIGH COURT AND THEN GO TO THE POLICE STATION WITH THE SURETY DOCUMENTS AS PER SAID ORDER.THEN POLICE CAN NOT ARREST YOU.
4.AS FAR AS ADMITING CRIME IS CONCERNED ,KINDLY NOTE THAT YOU SHOULD NOT ADMIT ANY OFFENCE AS IT MAY GO AGAINST YOU IN COURT.POLICE CAN NOT FORCE YOU TO ADMIT OFFENCE .PLEASE NOTE.BUT IF YOU ARE ADMITING OFFENCE THEN YOU MAY GET PUNISHMENT FROM THE COURT FOR THE SAID OFFENCE.
YOU MAY WRITE OR CALL /SMS FOR ANY URGENT HELP .GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
WISH YOU A VERY HAPPY AND PROSPEROUS NEW YEAR.
THANKING YOU
KYOURS SINCERELY
NANDKUMAR B.SAWANT.ADVOCATE
tarun
(Querist) 26 December 2010
sir, the interim arrest stay is granted by judge with an order to join investigation at police station. so the i.o is saying that in investigation we have to write that the iron rod is throwan in canel or we must produce a rod. he is forcing us. otherwise he is saying that he will say before judge that the accused did not join investigation or did not cooperate investigation, and the bail will be rejected
N.K.Assumi
(Expert) 26 December 2010
The procedure is simply unconstitutional: better contact adv rajeev rajoo.
JT Rajasuriya, Chennai
(Expert) 26 December 2010
Don't worry, whatever confession he may get out of yuo by threat, etc. will not have much value in court.
