bolo (na) 09 December 2010

foreign travel - 498a -- very very urgent

sir/madam

i'm falsely accused in 498a case by my sister-in-law, i'm fourth accused person, currently i got my AB from court and in the bail condition - nothing is mentioned of foreign travel, due to my nature of job, i need to travel to another country for a week.

Till now no charge sheet is filed in the court (it is now 1 1/2 yeards since they have filed the FIR) and we have filed 482 quash for the 498a and domestic violence.

In the AB only 432 crpc - you have granted bail - is mentioned and nothing about the travel

1. can any one please reply can i travel ?

2. and how in the AB - it will be mentioned that you should not travel -- (whether it willl be in the AB ?)

thanks

bolo

Reply Follow

6 Replies

cyberlawyer (barrister) 09 December 2010

In aniticipatory bail order, surely any one or all of these conditions will be present in my opinion.

a condition that the person shall make himself available for interrogation by a police officer as and when required;
(b) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(c) a condition that the person shall not leave India without the previous permission of the Court.
(d) such other condition as may be imposed.

Dont know how an AB order without any condition is given... Members plz clarify on this...

Legal Fighter (Advocate) 09 December 2010

if there is no condition, u can travel anywhere provided u attend the court proceedings and avoid any BW or NBW.

bolo (na) 09 December 2010

Nothing is mentioned in the AB as state above. only it is mentioned by crpc 432 and charge is not filed for 90 days bail is granted. and asked my brother to go to counciling. ...........please clarify ...nothing in the AB.

assumping i travel and come back and high court cancels my bail, can i again apply for bail .....and i'm not the 1st accused person and in the FIR they have not mentioned any date and time of the incident ....(since it a falsely framed case)

please reply.........................

Sreenivas V (S/W) 09 December 2010

Hi Bolo

Don't worry at all, you can travel without any issues. Just talk with your lawyer they will have ideas on this.

My suggestion is just go, try to keep it secret as much possible. As said by above people are corect. I am a main accused person in 498A and I travelled many times without issues at all. You can give a authorization sort for some one to attend in your place for hearings. No need for you to attend the court also if you give this type of authorization that too you are also not a main accused person. It will takes yers for the trail to start in false 498A cases as they will not come to court in false cases, and they end up mostly in settlements only.