Whether magistrate can reject our regular bail application?
Raman
(Querist) 13 September 2012
This query is : Resolved
Sir, we have been given A.B( for limited duartion) on 498-A/406 sections by the session court with condition that we join the investigation and will return all the artilces to the IO and during the period we have to apply for regulat bail before the area magistrate
We have returned all the artilces and now the police is calling for arrest and bail with surities
Now we ant to first apply for regular bail before Area magistrate as per the order and there is nothing in order of session court that we should apply for bail before police
Now my query is that
whether we have to get two bails one from police and one from Magistrate after getting A.B?
Whether its will going to harm if we staright way go the rea magistare for regular bail rather than visting to police for bail??
Whether police will oppose our regular bail if we straight way go the magistrate??
Yogesh Anand
(Expert) 13 September 2012
The purpose of anticipatory bail is to convert the non-bailable offence into bailable offence so that police can give bail in case of arrest. In your case since it is for limited period you have to apply for regular bail, after expiry of that period, to the concerned magistrate.
Yes, the magistrate may or may not grant you regular bail depending upon the plea of prosecution.
Yes, police usually opposes bail in such cases.
Raman
(Querist) 13 September 2012
Sir,
In our case, police is insisting that we should first be arrested by concerned Police before go for regular bail by magistrate
Is it harm that we straight away go for regular bail before the court before the expiry period
venkatesh Rao
(Expert) 13 September 2012
You may straight away approach the court and move for bail. However the court will hear the other side (prosecution)and pass suitable orders.
THANKACHAN V P
(Expert) 15 September 2012
.Even it was an AB for a limited period since you have already complied the direction of sessions court , the magistrate will definitely consider your bail application positively .
