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Rachel   25 June 2017

Government case

I was a government employee who was under suspension for a service case under investigation by the vigilance when I left the country and now I have citizenship of another country. I have travelled back to India a few years ago without any issues. Recently I was made aware of the service case being referred to crime branch and I have filed request for anticipatory bail which was denied by the district court. I would like to know if there will be a look out notice in my name, will this notice only restrict travel to india or does it restrict travel to other countries. What options do I have to get this case resolved if I file for anticipatory bail with high court and gets rejected. Thanks


Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 June 2017

The High Court or the court of session may include such conditions in the light of the facts of the particular case, as it may think fit, including:

  • a condition that the person shall make himself available for interrogation by the police officer as and when required;
  • 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;
  • a condition that the person shall not leave India without the previous permission of the court.

If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.[2] Supreme Court while dealing the case of Sidhram Mhetre, held certain conditions imposed by High Court to be not required & contrary to provisions of anticipatory bail.

Rachel   26 June 2017

Thank you for your response, however I am still wondering me being a foreign citizen how the look out notice is going to effect me while travelling to India or other countries. Also what options do I have if high court denies the bail application. Thank you.

Sudhir Kumar, Advocate (Advocate)     26 June 2017

Having attrracted a criminal; provision in Idan, the liability doe snot extinguish on acquiring foreighn citizenship.

 

You queyr is also solent

  1. whether you sought permission of the deptt and court to visit abroad.
  2. whether you have resigned service.

Sudhir Kumar, Advocate (Advocate)     26 June 2017

IOf High COurt denies bail then option is either to move to Supreme Court or to surrender.

Rachel   27 June 2017

Thank you for your response. I understand about the liability, when I left the country there was no case registered in my name. I did not seek department approval as I was under suspension for about 5 years and there was no progress with the investigation. I am willing to settle the disputed amount and resolve this issue as soon as I became aware of the case. I am wondering in the event of not getting bail what other options do I have other than surrender?

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