LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Deeply Hurt (PM)     05 March 2014

Anticipatory bail - query

Hi,


I got AB from HC on the FIR filed against me by my wife& in-laws (498a & 506i)


The AB has conditions that I need to visit the PS for 4 weeks and sign. My queries as below:

  1. Should I go to the police station for all the 4 weeks? - My lawyer says after 2 weeks we can ask for extension. Please clarify
  2. Meanwhile the IO called me and asked me when will I be coming for signing as my in-laws want to discuss with me in the PS? Is this even legal? The whole FIR is fabricated and we had 4 rounds of mediation which has failed because they wanted me to get arrested but that didn't happen. Now why are they so fond of calling me and asking me to come to PS? I smell something fishy. Please clarify.
  3. Is it possible for the police to play any dirty tricks on me when I go for signing during the AB period?

Thanks



Learning

 6 Replies

aap (manager)     05 March 2014

What I understand if they didnt want mediation inside court then why they want to settle the things in oopolice station, I believe it police trick to get money from u by pressurising u, dont accept any offer and fight the case on merit

But as i always advise u to settle the case if possible in mediation center of court if demands r genioun

aap (manager)     05 March 2014

What I understand if they didnt want mediation inside court then why they want to settle the things in oopolice station, I believe it police trick to get money from u by pressurising u, dont accept any offer and fight the case on merit

But as i always advise u to settle the case if possible in mediation center of court if demands r genioun

T. Kalaiselvan, Advocate (Advocate)     05 March 2014

@Deeply hurt: In reply to your queries:

  1. Should I go to the police station for all the 4 weeks? - My lawyer says after 2 weeks we can ask for extension. Please clarify;

            It is the condition imposed by the high court while granting AB for you, so if you violate the said    

            condition, your AB is likely tobe cancelled and you may be arrested once the AB i cancelled.

Meanwhile the IO called me and asked me when will I be coming for signing as my in-laws want to discuss with me in the PS? Is this even legal? The whole FIR is fabricated and we had 4 rounds of mediation which has failed because they wanted me to get arrested but that didn't happen. Now why are they so fond of calling me and asking me to come to PS? I smell something fishy. Please clarify.

The IO can call you to the PS for inquiry on the matter being investigated by him based on the complaint given by the wife side.  The failure of mediation is not a ground which is considered while you are called by IO for inquiry.

 

Is it possible for the police to play any dirty tricks on me when I go for signing during the AB period?

What dirty tricks?,  they cannot do anything during the period your are going to the PS for signing as per the bail conditions.

nikhil singh (Advocate)     06 March 2014

Yes but only once. The condition was imposed by the Honble High Court is general. In most of the matters same thing happens. Don not worry IO cannot arrest you as you are allready on bail.

For further assitance you may contact me.

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in
+917838078186+919352444446

Deeply Hurt (PM)     06 March 2014

Thanks aap, There is no semblance of any intelligence left in their family, they are hell-bent on ruining their daughter's life. Even in the mediation center she & her family keeps on abusing us leaving no room for any meaningful dialogue. Even the mediator was annoyed by their boorish behaviour and closed it as "failed". So unable to resolve it in mediation court. Even I feel its pressurising tactics to get money from me.

 

Thanks Kalaiselvan Sir, for detailed replies. I shall aact accordingly.

 

Thanks Nikhil Sir, for clarification.

 

Biswanath Roy (Advocate)     07 March 2014

You shall have to follow Anticipatory Bail condition in toto otherwise Bail granted by the Hon'ble High Court shall be cancelled and possibility of your arrest cannot be ruled out.. Secondly you can boldly appear before the IO  either for routine attendance as per AB or upon his requisition But he cannot do any harm to you so long you are enjoying the benefit of AB. Thirdly , you shall have to ignore if any proposal comes from your  in laws afresh.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register