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Pkumar (technician)     07 May 2012

498a and ab

My wife is threating to file a false 498A case against

me and my family members.Can I apply Anticipatory Bail

Even before FIR is filed?
 



Learning

 10 Replies

MRRpersonality (Knows very little about Indian laws)     07 May 2012

You can approach sessions or high court with sufficient evidence and reasons for applying Anticipatory Bail.  If FIR has already been filed, then it becomes easier to show that as a reason.

Pkumar (technician)     07 May 2012

I and my wife live in different Cities,Anticipatory Bail  taken in one city can be applicable / effective in other city.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 May 2012

No the AB needs to be obtained in the city where the crime is registered,.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)
Originally posted by :Shonee Kapoor
"
the city where the crime is registered,.
 

"

 

 Hi Shonee,

 

What is mean by where the crime is registered please explanin.

Foreign Marriage (Mgr)     11 May 2012

it means it has to be obtained from a court which has jurisdiction in the area where your wife is most likely to file the 498a. You can file 2 separate AB pleas in the two cities. Or you can file it at a single city where you spent most of your time together (i.e. area where the crime is suppossed to have happened).

But anticipatory bail if positive serves as a good supporting document irrespective of where the complaint is actually filed because no magistrate goes against judgement of another court. So it becomes easier to get a regular bail.


(Guest)

Thanks Foreign Marriage it means it is always better first go to jail then apply for regular bail from one place inspite of anticipatory bail  at many places.

R K........ (Analyst)     11 May 2012

No.. its better to apply for a AB from ur local session court.. It will work in other cities also or atleast support you in difficult times

R K........ (Analyst)     11 May 2012

Law has changed for dowry FIR...  These days police doesn't register FIR state away.. first they will interrogate you and if found guilty then they will lodge FIR..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 May 2012

It all depends which city/ state/ HC the case is in?

 

Some HC are liberal in granting bail, however some are rigid and it takes alot of effort to secure bail.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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