mad498a (none) 02 June 2013

Anticipatory bail

Forgive me if this is a duplicate - this is my first time posting in this forum and I got a message earlier.

Brief history of the Case

My brother got married in May 2007 . The Girl - is sister of my friend in U.S. I live in U.S and I am a U.S citizen (went for the wedding and never went back till 2010). My parents visited U.S.A 4 months after the marriage.In APr2008 she left home saying her mother was sick and after that she never came back. My parents returned back from U.S a day after she left home. Later in Nov 2008 she filed 498 A and we were not aware. Suddenly on Mar 2009 the police came from Hyderabad (we live in Chennai) arrested my brother. She had accused my parents and myself - 498A,406 and 420. None of her allegations are true.

Brother got bail. Police filed chargesheet in feb 2010 . My parents and me (sister) got AB. I filed for quash in AP in june 2010 (just for myself saying I was not even in the country )and got stay.I was in India for a year after filing quash and returned back june 2011 . Lawyer advised I can wait till quash to pay the AB amount my parents paid their AB. The high court dismissed quash in 2012 August saying the FIR has my name specifically mentioned. Our Lawyer now says the trial court is giving dates and as I am here we are getting time. Meanwhile filed SLP in supreme court and it is pending July5 -the other party got the notice and have accepted it. The latest trial court date for 498A is July 25 and hence we do not have a stay (stay got expired after high court dismissed our quash). Charges have not been framed yet.

My question is about AB - Assuming I need to appear for trial/framing of charges do I have to pay AB as the case is already in trial stage. My only concern here is there is a condition that I cannot travel abroad without court permission and that will be an issue because my family is here and I have kids. If the supreme court relief does not come I plan to go to pay bail get my condition removed and travel back. Can this be done in a months time?

Our criminal lawyer is not really giving any clear road map. When I ask him should I pay bail he says yes and when I say condition then he says it can be removed. But he does not tell me that I have to come by this date or any specific plan. He says he is tired of getting time as we are all unable to attend. I am in a dilemma now as if it needs to be done summer will be the good time and the lawyer does not provide any input. He doesnt even bring up the AB with me when I talk to him. He just wants us to get a stay in supreme court?

Divorce case has been filed too but it is still dragging even though cross examination and all is over?

What should I do with this AB - should I be concerned at all ? Do I have to pay the AB surety now that case is in trial stage and charge sheet has been filed. What will happen if I do not pay AB but go for framing of charges (in case if I have to )?

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6 Replies

Brand Protectors India (IP Protection Anti Counterfeiting Professional) 02 June 2013

My friend, I have read what you have shared thoroughly and can relate to what you are going through.

The first and foremost thing you should do is DUMP THE LAWYER YOU HAVE. and look for a lawyer with integrity.

This guy is apparently taking you for a big time ride.

YOU DO NOT HAVE TO PAY ANYTHING FOR YOUR AB - ANTICIPATORY BAIL.

You are only required to submit a BAIL BOND in the amount ordered by the court. This form called the Bail Bond is filled up mentioned that in case of default you undertake to forefeit the amount of Bail Bond granted/ordered by the court in the Anticipatory Bail order.

Should you have any question, please free to write to me at info@brandprotectorsindia.com

best regards.

Advocate Deepak Gupta (Lawyer) 02 June 2013

No amount to pay for AB . I cant understand why 420 registered against you . Any time you may move application to remove the bail conditions . Go for argument before framing of charge . Agree with Brand Protector India .

Lukesh Kumar (Founder Partner Advocate Jharkhand High Court) 03 June 2013

After getting AB,the only formality is to furnish bail bonds and nothing more, further if you have not contravened any condition as yet the same can be removed by an application made to the court,

one more thing you can do, file a petition u/s 205 Cr.P.C for expunging your personal appearance by the court, and so on you can travel any where without taking permission from the court.

mad498a (none) 04 June 2013

I would like to thank everone for your clarification. I also spoke to the lawyer again. He says if the supreme court relief doesnt come then I should plan on appearing on trial court date in july (as there is no stay). Furnish the bail bond and then apply for exemption to travel back.

How long would this relaxing the bail condition take (would it be given in two weeks)?

Can I also apply for exemption from attending for every date at the same time?

One additional clarification though -- now that it is in trial stage do I still have to confirm the AB or can I skip AB and just appear for trial court date and ask for exemption from presonal apppearance for future dates? will that cause any issue in future.

Regarding 420 question - she has alleged that husband has no interest in marriage life etc etc and these details were not furnished.

Advocate Deepak Gupta (Lawyer) 04 June 2013

1: Depend on your application content .

2: Every date exemption not possible .

3: Go for regular bail , if you skip arrest warrant issue .

4: As per my knowledge sec 420 is not maintainable . go for argument at the time of charge framing definately sec 420 is not applicable. dowry allegation never attract sec 420 , social or emotional cheating never attract sec 420. if stridhan ( Property ) missappropriate then sec 406 attract .