Anticipatory bail
sunderam s
(Querist) 20 August 2012
This query is : Resolved
Anticipatory bail is filed in sesion court in Bihar in relevant to 498a of main accused other accused are granted bail.
Now, Police is saying that notice will be issued to the main accused to native place and saying to make receipt by father.
Main accused is living in west bengal from the last 14years.
Now my queries is that :-
1. father of accused can receive the notice whereas main accused is living in other state and working there ?
2. if father denied to receive the notice than police will declare abscounder and search and seizure will be done of house in native place as house is made by his father ?
3. if father denied to receive the notice than anticipatory bail may be effected. as the hearing of the case is in this week.
what will be the prudential to make strategic? kindly suggest.
Dear Debjyoti,
i mean about the notice of police to main accused of 498a not for bail notice. anticipatory bail hearing is going on and otherside police is saying that, notice would be received by father of main accused so that he will give secound part of dairy and chargesheet.
quries is that :-
1. father can receive the notice ?
2. if notice is denied than seizure can be done by police ?
3. if notice is received and main accused not presented because if main accused presents than police will certainly arrest him. what police can take action on main accused if not presented ?
4. if notice is received by father of main accused than police will submit the cahrgesheet without presentation of main accused ?
kindly suuggest.
Sudhir Kumar, Advocate
(Expert) 20 August 2012
It will be prudent not to annoy authority by playing with the process.
Yours is not first such case dealt by police whereas for you it is first case. Police and Court know how to do their job.
The accused can be arrested as WB itself, Proclaimed as offender and even attachment can be made
Devajyoti Barman
(Expert) 20 August 2012
Sending notice for bail? What does that mean actually?
I thing something is missing here.
venkatesh Rao
(Expert) 20 August 2012
I think the so called notice is police notice to attend the station for interrogation or summons issued by the court to be served by the police.
1.Neither the father nor anyone else can receive summons in criminal cases as the criminal liability is personal.
2.father can very well deny to receive.
3. It is far from imagination to think so.
Sudhir Kumar, Advocate
(Expert) 21 August 2012
No. I disagree with the view of Mr Venkatesh rao on the basis of S/175 iof Cr PC which is as under :-
1) A police officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which have a tendency to expose him to a criminal charge or to a forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
Reply to the questis as per my wisdom as per available facts is as under
1. father can receive the notice ?
Ans : yes. It will be his duty to communicate it to his son.
2. if notice is denied than seizure can be done by police ?
Ans : There is process for the same. But they can conduct search of the house.
3. if notice is received and main accused not presented because if main accused presents than police will certainly arrest him. what police can take action on main accused if not presented ?
Ans :it is not there first case;
Pleas read s/82/83 of Cr PC.
S/82 (1) If Any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:-
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or home-stead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court house,
(ii) the court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in Clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).]
S/83 (1) The court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,--
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the court,
It may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the collector of' the district in which the land is situate, and in all other cases-
(a) by taking possessions or
(b) by the appointment of' a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).
Even rural rustics are aware of such provisions.
4. if notice is received by father of main accused than police will submit the cahrgesheet without presentation of main accused ?
Ans : No. It is not the first case of the concerned Police Stations. They had been functioning under Cr PC for the last 129 years. They will be justified to seek remand of father to know the whereabouts of his son. They have powers to pursue the offender till anywhere in the Indian Land.
venkatesh Rao
(Expert) 21 August 2012
Mr.Sudhir sir,
Happy that you disagree with the factual and legal situation. How on the earth can a father be remanded to secure his son's presence? It is not an episode of TV nor a film.
It is never a father's duty to communicate his son; yet he may.
Condition in bail order is purely attaching a particular person; even the court cannot insist father to produce his son. Law will have its own course to procure thye presence of the accused but purely and strictly within the framework of law/constitution.
What will experts say?
Sudhir Kumar, Advocate
(Expert) 01 September 2012
My dear please avoid repeated query. Advise given to you will be slplit. You have thread at
http://www.lawyersclubindia.com/experts/Chaeting-by-taking-money-and-depositing-the-same-in-my-account-332411.asp
http://www.lawyersclubindia.com/experts/Anticipatory-bail-332276.asp
http://www.lawyersclubindia.com/experts/498a-333951.asp
More threads you open more are the chances of your opposite party getting information of what you are planning. This is an open forum.
Sudhir Kumar, Advocate
(Expert) 01 September 2012
Dear Mr Venkata Rao,
One accused can be taken on remand to locate other accused so that he can take police to his possible hideout.
venkatesh Rao
(Expert) 02 September 2012
Sudhir sir,
I am sorry if it is the law of the land. I totally plead ignorance of such martial law.
Sudhir Kumar, Advocate
(Expert) 02 September 2012
Our police is very smart. They do utilise the custody of one suspect to know the whereabouts of other suspect. They travel with him to the plae where he knows fugitive suspect to be available. OFFICIALLY
