Process after a.b. granted in 498(a), 406,504,34 case
deepaksjrs
(Querist) 05 March 2015
This query is : Resolved
Dear sir ,
My parents has received a anticipatory bail from session court in Nov-14 with the condition that "n the event of their arrest they should be released on the bail executing their PR and SB of 15000 on the condition that they shall co operate the investigating agency as and when required or called."
After this I have approached and given 3 tailed applications to Joint commissioner describing the entire reality , the Jt. Commissioner called both parties and came to know that this case is completely false and fabricated.
I.O. have never called my family but suddenly she send summons to appear for nominal arrest. After getting summon I approached to Jt. Commissioner again , and Jt. CP. after calling I.O. assured me that in this fake case no need to call your parents as they are staying in different state and instructed I.O for sending closure report under c-final.
Now my doubts are that
1.What should be done in such a condition.
2.What if I.O. will not listen to her seniors so in what manner she can harm us.
3.What legal steps she can taken in this case if she is not willing to Jt. CP.
4.Can she approached to court for cancelling the anticipatory bail or she will come to arrest my family .
Please suggest .
Devajyoti Barman
(Expert) 05 March 2015
Surrender your parents in lower court and apply for regular bail. once it is done police can not make nominal arrest , not even IO.
Do it asap.
deepaksjrs
(Querist) 05 March 2015
Ok, but if I didn't go for regular bail as my parents can`t travel now so in this case can I.O. send application to court for rejection of A.B.
arastoo irani
(Expert) 05 March 2015
Investigating officer has every right to investigate the matter assigned to him/her. in your case if I.O. is not obeying the directions of superiors then superior officer can assign your matter to another I.O. so you can try for that convening superior police officers about false case against you. When you have anticipatory bail order in your favour you need not to worry unless i.o. calls upon your parents for arrest and in the event of formal arrest I.O. is supposed to release them on bail. If I.O. goes for cancellation of anticipatory bail you can resist it by engaging good lawyer.It seems that you have good ground for bail so you were granted bail so it will be difficult for i.o. to get it cancelled.
Dr J C Vashista
(Expert) 06 March 2015
I agree with the experts advise, no room left to add.
Follow the same through your lawyer.
ajay sethi
(Expert) 06 March 2015
agree with experts
deepaksjrs
(Querist) 07 March 2015
thanks for the reply but my question is that I have got assurance from Joint commissioner that not to go to police station so If I trust him and not go to police station in that case how that I.O. can harm me or my family , what are the ways and room open for I.O.
Devajyoti Barman
(Expert) 07 March 2015
uNLESS THEY SURRENDER AND TAKE REGULAR BAIL THE THREAT OF IO WILL PERSIST.
In any event once the charge sheet is submitted they will have to surrender and confirm bail . Else W/A will be issued.
The IO can summon you or visit your parents for the purpose of investigation and you can not avoid it.
Guest
(Expert) 07 March 2015
Rightly observed by Shri Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 08 March 2015
On obtaining anticipatory bail, the accused are required to surrender themselves before the court and get enlarged on regular bail immediately by producing the requisite solvency for the purpose. Until you dont do this, there will be a risk of getting arrested any moment as the conditions of AB have not been complied.
