Anticipatory bail

since case has been filed in bombay , application for anticpatory bail has to be made in bombay only . the police are absolutely right

so you mean to say my friend should have taken atleast 3 AB one from chennai, one from MP and one from mumbai. can she filed 498A from any other place in INDIA mean otherthan chennai, MP and mumbai?

what 3 AB not possible Ajay sir is right 

Mr. pratik : Im repeating the question ? wherelse she can filed a case against him 498A. In mumbai, MP,chennai or anywhere in INDIA if anywhere in INDIA then how can somebody judge where she is going to file the case?

he was staying in chennai with her so he obtained the AB from chennai. because her parents threatened him there.

your friend has to taken AB bail from District Court Chennai, coz crime was supposed to be registered at Chennai. and accordingly Dist Court granted AB. In this query FIR was registered at Mumbai, so have to take AB from City Civil Court, MUmbai. Police is right in this matter

thnx every one for reply

No I think its not correct. The transit bail will be applicable for mumbai case also.

I am subject to correction.

The proper procedure is the Mumbai police cannot lift a person from Chennai on the basis of FIR registered in Mumbai.  They have to first report to the police station of chennai, where accused is living and take the police personnel of chennai to the place of accused to arrest the accused.  Once accused shows the anticipatory bail order to the chennai police and their accompanying bombay police, he will be produced before the concerned chennai metropolitan magistrate.  Then Chennai magistrate grant transit bail and direct the accused to appear before the concerned Mumbai Magistrate and get regular bail from there. Then the accused go to Mumbai without getting arrested by Mumbai police and appear and move bail application before MM of Mumbai.  Generally, his bail application is considered favourably as he got such an order from Chennai and mumbai court also will generally grant bail.

The chennai judicial courts have no jurisdiction beyond chennai, similarly the police of Mumbai have no territorial powers beyond Maharashtra.

yes chandu sir,

thanks. its correct procedure.

thanks for your accurate answer. you are really expert. I request all the expert to please guide the needy correctly otherwise needy person will be in dilemma. Jaswinder  ji please read the correct answer. this will be helpful if they had not taken him.

THANK YOU SIR SO THAT MEANS MUMBAI POLICE CHEATED HIM

MUMBAI POLICE CHEATED HIM CAN THIS BE CHALLENGED? IF YES THEN PLEASE REFER THE ACT, SECTION OR CLAUSE I WILL BE VERY THANK FULL

HE WAS HAVING AB OF 48 HOURS

CAN SOMEBODY EXPLAIN FROMWHERE THESE 48 HOURS STARTS AND WHERE GET FINISHED?

POLICE CAME ON FRIDAY WHOLE DAY HE WAS IN CHENNAI WHEN HE REFUSED TO GO WITH MUMBAI POLICE THEN THEY FORCED HIM TO COME WITH THEM TO MUMBAI.

SO HOW HE CAN USE OF 48 HOURS? EITHER HE CAN STRAIGHT AWAY SAY THAT AFTER 48 HOURS I WILL COME TO MUMBAI OR IS IT COMPULSORY TO GO TO MAGISTRATE ON SAME DAY PLEASE VERIFY.

Jaswinder,

Few pieces are missing. Was this bail of notice, was this transit bail. Effective from which date etc etc

Adv Chandu had advised on the matter on procedure.

Now, that the bail is done, what action do you want to take. If there are any procedural lapses and you want to get back on police, then that can be done.

What I would rather advise is to concentrate on the case at hand and don't think much about the past. It is very difficult to prove lapses and police generally knows how to cover tracks. Discuss the case with your counsel and move accordingly on any counter case.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

ok no problem thanx

i got ur message i will concentrate on my friends case