commital proceedings

Guest (Querist) 22 December 2010 This query is : Resolved
Whether the accused in private complaint based Preliminery register case u/s 436 of IPC has to get anticipatory bail while committal proceedings u/s 209 of Cr.P.C.? In this case summons were issued to accused. experts kindly clarify

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s.subramanian (Expert) 22 December 2010
Yes. You can seek regular bail before the sessions court. No need for anticipatory bail.

Raj Kumar Makkad (Expert) 22 December 2010
No. Anticipatory bail is not required in the given case.

Advocate. Arunagiri (Expert) 22 December 2010
It is a summon case, no need for AB.

Devajyoti Barman (Expert) 22 December 2010
Right. I agree.

Ajay Bansal (Expert) 23 December 2010
THERE COULD BE A NEED OF ANTI-CIPATORY BAIL IN THIS MATTER AND SAME CAN BE OBTAINED U/S 438 Cr.P.C.

Guest (Querist) 25 December 2010
It is a warrant case. Moreover in every warrant issuing of warrant always not necessary. But the judicial magistrate is saying if no A.bail along with sureties furnished he will remand the accused and commit the case to sessions court.

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