Balaji sundaram (owner) 30 July 2013

Urgent help - getting bail for ipc 420 & 406

Dear sir

My friend was working a MNC Software company as branch manager. He was the incharge for his operation. During his employement he setup a company similar to his working company products and was running the business as own for 3 years.

Now the company made police complaint that, my friend got the company salary and did his personal business with their company resources. And the company demanding to pay back his 3 years of salary and asking for 10 crore business oppurtunity loss. Now the police filed a FIR under IPC 420 & 406.

Please let me know is there any way to avoid arrest or how to get anticibattery bail. Even arrested what is the procedure to get the bail immediatly.

thanks.

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5 Replies

adv.raghavan (Advocate,9444674980) 30 July 2013

if the company norms strictly prohibits personal business of its staff, then your friend has to face the music,u didnot inform whether FIR was already registered,if so your friend has to go for AB,(i donot know your jurisdiction) in HIGH COURT,under section 438 of crpc, if had alreay arrested and under remand u can move trial court for bail under section 436 of crpc,

Balaji sundaram (owner) 30 July 2013

Dear Sir

Thanks for your reply.

Yes, the FIR is registered.

The fact it's Singapore based company and setup a office in Chennai. Please note there is no registered company in India.

My friend and other 7 employees working for the company for the past 9 years and getting monthly salary via bank transfer from Singapore office.

There is no clear appointment letter / contract between the company & my friend. The only point is my friend claims he just worked as a freelancer for the company. There was no PF contribution. and No TDS deducted for his salary.

But the company demands being he has paid fixed monthly salary, bonus, leaves, so he should be treated as company employee.

thanks

adv.raghavan (Advocate,9444674980) 30 July 2013

since FIR is registered, if he is not remanded ,apply for AB immediately, if remanded go for bail ,all other details u have mentioned will be taken care by your coun sel in trial and it has to proven in trial whether u friend is guilt or not. take one step at a time.

Balaji sundaram (owner) 30 July 2013

Dear sir

Thanks for your reply.

Waseem (Junior advocate) 30 July 2013

Hi,

I think Mr. Babu you are wasting time. You need to immediately approach Sessions Court for Anticipatory Bail. From the facts narrated by you the facts doesnt seems to be clear. You were working in a company and then you started your own company doing similar kind of business. Now if there was any agreement which you had executed with the company which barred you from doing similar business then you can be held responsible and your chances of getting anticipatory bail is very low. However if there is no such agreement or contract between you and your company and if your company has not used the information of your company or taken benefit from that companies clientele then there is bright possibilities of getting bail.

in case of further query please contact: 9619106069.

Thanks.