Reg. 49A

Querist : Anonymous (Querist) 17 November 2010 This query is : Resolved
After quarrel wife has left her husband's residence. This happened in July,2010. It maybe mentioned here that in the month of May,2010 the wife sent a message from her father's residence to her husband that he and his father and mother has planned to kill her. Hence I want to ask whether on the basis of thi false allegation sent by wife as sms to his husband that he and his father and mother planned to kill her, the husband can produce this sms to court and seek anticipatory bail. I think in that case the wife may later tell that she did not send this sms but someone else has send this sms without her knowledge.

please explain.

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Devajyoti Barman (Expert) 17 November 2010
What explanation? You have already replied to the possible question. If the case is already started then without pondering much apply for anticipatory bail which should be granted to you unless some graver charges are against you.

s.subramanian (Expert) 17 November 2010
yes

adv. rajeev ( rajoo ) (Expert) 17 November 2010
Yes, it can be produced.

Khaleel Ahmed Mohammed (Expert) 23 November 2010
No anticipatory bail till FIR has not registered. Mere sms or letter or phone call basis no one can be granted anticipatory bail.

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