sakthi (agriculture) 03 November 2013

Anticipatory bail conditions

My wife committed suicide in her parents house after pushing 3 of us [ me.mom, brother] to jail due to false complaint as dowry harassment. we all 3 came out after 5 days in conditional bail. NOw the police in her place filed 174 section to enquire about the suicide. now we applied for AB in HC ...but the laywer told us, the HC instructed as that no name is registered yet in suicide case so cantgive bail now and the police has to submit RDO report to HC before taking any action on 3 of us......Please let me know AB will be granted only if the names are registered in FIR to arrest?

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4 Replies

ashoksrivastava (scientist) 03 November 2013

Originally posted by : sakthi

@querist FIR is not a necessary condition for AB.You can apply in HC only if it gets rejected in sessions court

"438. Direction for grant of bail to person apprehending arrest:---(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail".

regards ASHOK

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T. Kalaiselvan, Advocate (Advocate) 03 November 2013

Sakthi,

I dont understand one thing that since you all are already on bail, what is the need for taking AB in the same case ?

sakthi (agriculture) 04 November 2013

HI Sir..

we are out in conditional bail for the false dowry harassment case....but while we are in jail, my wife committed suicide in her parents house.

we are in jail between sep29--oct4,....wife died on oct1 . wife parents are telling ,due to the dowry harassment her daughter commited suicide..so if in case RDO report is against us will police arrest us ??? for this reason we tried for AB..but HC says no one name is taken in FIR so we cant give AB.and they reported to policestation that the policestation have to submit RDO report to HC and police has to proceed only with HC direction after that. Not clear about the process of AB...

Thankyou sir..