Please suggest on anticipatory bail for 498a

you need to get a certified copy of fir from the sessions court of place where fir has been lodged.Hire a honest and competent sessions court lawyer there and get a petion filed under crpc 438  for AB through him in that court. AB   can be denied to effect recovery of articles . however apex court has ruled that its not necessary.

Hi Venkat,

1.where is the compalint has been filed??, in that state only you have to file an application for anticipatory bail.

2.You have to file this application before the session court, if refused then to the high court.

3.You can file the appliaction , in respective areas

srishaila,advocate ,bangalore,9741425514,sdharani120@gmail.com

My wife is from Andhra pradesh but we are staying in Banglore. Her parents are planning to put some false cases on me and my parents.next month my wife is going to her home town am getting scare.In advance am planning to apply for Anticipatory bail to me and my parents. Please advise whether we want to approach lawyer in Banglore or in Andhra pradesh (where we are staying).Thanks for your suggestions. shall we apply for AB Bail in advance?if we have sufficient evidences, if so i have 3 emails from her.should this be sufficent ? if not, Please advice.

Hi Venakat,

We can file the application seeking anticipatery bail, in bangalore and get the bail order and the order copy can be produced in Andhrapardesh, and there also AB can be get dfrom the session court.

srishaila,Advocate, Bangalore,9741425514,sdharani120@gmail.com

you have to get A.Bail from AP.

Otherwise you have to spend twice. So contact any expert lawyer in AP.

Regards

adv.kamal.grover@gmail.com

Hi revolutionary

Iam attaching apex court judgement saying that instructions like recoveryof article need not be given while considering 438 petition as it assumes as if dowry articles have indeed been given. hope it helps you

CASE NO.:
Appeal (crl.) 490 of 2008

PETITIONER:
Mohinder Kaur

RESPONDENT:
State of Punjab

DATE OF JUDGMENT: 14/03/2008

BENCH:
Dr. ARIJIT PASAYAT & P. SATHASIVAM

JUDGMENT:
JUDGMENT

CRIMINAL APPEAL NO. 490 OF 2008
(Arising out of SLP (Crl.) No. 8213 of 2007)


Dr. ARIJIT PASAYAT, J.


1. Leave granted.


2. Challenge in this appeal is to the order passed by a
learned Single Judge of the Punjab and Haryana High Court
dismissing the petition filed in terms of Section 438 of the
Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.').
3. The appellant had sought for protection in terms of
aforesaid provision in FIR No. 105 dated 15.8.2007 registered
at the Police Station Bhogpur, District Jalandhar. The
complainant had alleged that she was married to Ranjit Singh,
son of the appellant on 23.10.2002. The said Ranjeet Singh
went abroad in February, 2002 and came back after about one
year. Alleging that the complainant was harassing her for
brining insufficient dowry, the complaint was lodged in the
police station. The appellant filed a petition under Section 438
Cr.P.C. for protection. The High Court observed that
ordinarily in such cases the court is inclined to grant
protection against arrest to family members of husband of the
complainant, however the facts of the present case were
different. It was stated that the appellant herself was a retired
police officer who was serving as an inspector of Punjab police.
Her son was residing abroad and she had
transferred/bequeathed her property in favour of her grand
son who is born to another son who is settled abroad. No part
of the immovable property has been given to grand daughter
born to the complainant. The High Court, therefore,
concluded that the complainant and her minor daughter were
left without any source of livelihood. It was noted that serious
allegations were made against the appellant. The hostile
treatment meted out to the grand daughter speaks loudly that
the allegations leveled carry prima facie substance. After
making these observations, the High Court also accepted the
contention that the appellant being a recently retired police
officer, the local police were hob-nobbing with her and the
investigations were not being done properly. The High Court
therefore, dismissed the petition. But at the same time it
directed the Senior Superintendent of Police, Jalandhar to
depute a fairly senior police officer to monitor the on-going
investigation and take all lawful measures to interrogate the
appellant and recover the dowry articles. Her passport was
also seized and she was not to be permitted to go abroad
without the permission of the Court.

4. Learned counsel for the appellant submitted that the
conclusions of the High Court are clearly without any
foundation. The appellant was serving neither as an inspector
nor was she retired recently. She was serving as a constable
and had retired nearly 10 years back i.e. in May, 1999.
Further it is inconceivable that a retired constable who had
retired 10 years back would have influence over the police
officials to render the investigation ineffective. It is printed out
after death of her husband, she was inducted as a Constable
on compassionate grounds.

5. The direction for recovering dowry articles clearly means
as if certain dowry articles were there. It is therefore submitted
that all the directions are insupportable.

6. Learned counsel for the State on the other hand
submitted that looking into the gravity of the accusation order
has been passed.

7. As rightly submitted by learned counsel for the appellant
the High Court seems to have completely acted on materials
which do not support the conclusions. By way of illustration,
it can be said that the appellant was not serving as an
inspector but was a constable who had retired about a decade
back. Therefore the conclusion of the High Court that she was
in a position to make the investigation ineffective does not
have any foundation. The other directions given like recovery
of dowry articles etc. need not have been given while dealing
with an application under Section 438 Cr.P.C. filed by her.
The directions for seizing the appellant's passport also could
not have been given a petition under Section 438 Cr.P.C. filed
by her.

8. The directions regarding deputation of a senior police
officer to monitor the investigation and/or recover the dowry
articles to seize her passport stand deleted.

9. The parameters for exercising of power under Section 438
Cr.P.C. has been highlighted by this Court in Adri Dharan Das
v. State of W.B. (2005(4)SCC 303).

10. Keeping in view the parameters highlighted in Adri
Dharan Das's case (supra), we direct in case the appellant
surrenders before the concerned court and moves for bail the
application shall be disposed of expeditiously preferably on the
date it is filed. We make it clear that we have not expressed
any opinion on the acceptability of the prayer for bail to be
made in terms of the aforesaid direction.

11. The appeal is allowed to the aforesaid extents

Thanks for your quick resposnse and valuable time.Shall we apply for AB bail in advance?if so, what is the procedure to apply for AB Bail?Is there any evidences needs to be submitted? Please advice

Yes you to produce the FIR copy

Thank your very much all.with out FIR Copy,cannot we apply for AB bail in advance? If not how to protect ourself? what precautions needs to be taken, because we dont know when wife blast Bomb?Request you please help on this.If maintaince,from which date it will starts to pay maintaince to wife, after giving final judgement, if not? and if pay lumpsum amount when we get divorce immediately or? please clarify.

Originally posted by : Venkat
	Thank your very much all.with out FIR Copy,cannot we apply for AB bail in advance? If not how to protect ourself? what precautions needs to be taken, because we dont know when wife blast Bomb?Request you please help on this.If maintaince,from which date it will starts to pay maintaince to wife, after giving final judgement, if not? and if pay lumpsum amount when we get divorce immediately or? please clarify.

Protect, I really do not understand the meaning of protect here.

They file that case this case, you keep ready anticipatory bail, thats it.

Later keep attending court, for all those cases she would have put on you.

Meanwhile, I'd suggest, file divorce petition, immediately, before she files 498a DV etc.

Like that you be safe, when once matter is in court, she cant put stupid cases such as 498a DV which are created only to harrass males. 

Alimony start from the date of application, say if today wife has filed for alimony ie IA interim alimony, your balance starts from today.

@ashokshrivastava

 406 is misappropriation of articles/ property given to the accused. So as you mention in the article "instructions like recoveryof article need not be given while considering 438 petition as it assumes as if dowry articles have indeed been given"

But 406 can also be applied for streedhan, which she can say is still with in laws. Do you think the judgement attached by you would be help in the streedhan context?

Also, I would like to get views of all on the below 3 issues:

1) Should the complainant in FIR mention, date time / details when were the articles or jewellery given to accused.

2) Would 406 not be applicable when there is misappropriation of articles given, just giving them itself should not constitute 406

3) Justice Dhingra gave clear guidelines that case should be registered only when list is as per DP act. No session court even follows it nor the police, so is it reasonable to assume that high court judgements have no bearing on session court judges or the police?

Thanks for your valuable advice. How many years we have to pay Alimony?After we put Divorce petition and in case if she file maintaince and is that valid ? if so,maintaince will starts from that onwards or ?  and if we put Divroce petition, how many days it will take to get resolve and Instead of Alimony shall we pay lumpsum amount in one shot ,if so, judge will accept? if not?.Please advice?after issue resolve is there any cases put against on me like 498A ,DV etc.if so what precautions we have to take?Please suggest. Thanks for ur valuable time.

Hi Venkat,

You have produce the FIR COPY along with the anticipatory bail application