If complaint is given orally(make out a case that complaint is given, thereby making out a ground for AB). Generally, unless complaint or FIR is registered no AB is given . In such circumstances then only option is to make out a fictitious complaint being made by wife because of threats made by wife before leaving home threatening 498a and DV - then there is a ground to raise a plea for Anticipatory Bail. Read below matter carefully. If no complaint is registered then how do they know the sections which they fall under ? You can get breathing time for AB later once you have knowledge of the registration.
http://hc.ap.nic.in/orders/crlp_1239_2010.html
CRIMINAL PETITION No.1239 of 2010
ORDER :
This criminal petition under Section 438 Cr.P.C. is filed by the petitioners-Accused seeking to direct the Station House Officer, III Town Police Station, Vijayawada, Krishna District, to release the petitioners on bail in the event of their arrest in connection with any report given by Vishnu Priyanka Marella against the petitioners for the offence punishable under Sections 498A IPC and Sections 3, 4 and 6 of D.P. Act.
2) Heard.
3) According to the learned counsel for the petitioners, no crime is registered against these petitioners in pursuance to the report given by Vishnu Priyanka Marella. Therefore, this criminal petition is dismissed. However, the Police shall not interfere with the liberty of the petitioners in any manner as long as no crime is registered and for a period of one week after registration of crime, if any, on a complaint given by Vishnu Priyanka Marella.
The Judge is showing us indirectly - How to get rid of this menace of arrest even before the girl lodges a complaint. It is possible to get 'time to avoid arrest and time to apply for AB' before she lodges a formal complaint.
The very word 'Anticipatory' means to foresee or realize something is going to happen or cause to happen in advance. Once the complaint is lodged where is the question of AB in IPC 498a ? - because the Police get spring in their legs and joy in their walk taking cognizance of everything; even if a dog named 'pinky' is named in the complaint. They are capable of torturing you that they will not feed the dog unless paid when you are lodged inside.
The fact that AB is the discretion of the Judge does not mean that every husband is arrested. That is not the objective of IPC 498a or DP Act.
There is more to it. That order does not say anything beyond the time.
See Gurbaksh Singh.
The order to grant AB must should yield something that complements - "likelihood of arrest".
It cannot be just a possibility. There must be a showing something beyond for eg.
1. A & B file for divorce for mutual consent.
2. A or B retracts from the mutual consent.
3. Now A or B is threatening with a 498A.
4. If (1) and (2) had dragged the divorce for a considerable period of time, the 498A coming is very likely.
This is a scenario of a very likelihood of arrest. Hence there is no straight-jacket formula. There MUST be a solid showing of factual concern.
Seems the judge who gave this AB might be corrupted. Other wise who will give such type of Bail stating that police need to inform before one week??
ReplyDeleteIt clearly says that the cause was heard before the bail was granted and this usually happens if the bail applicant has provided enough evidences to prove that he has been threatened. In this particular case, the applicant may have been threatened by the other party of any false cases. In this case he has all rights to approach the honorable court and seek protection. With 498a misuse being on rampage, this is a good sign of relief. There should be a break for the abuse of people's fundamental rights. Laws like 498a should be abolished. Seems like the person who wrote earlier comment tried to use 498a to extort somebody but failed as they already have a bail and so is pretty pissed about it.
ReplyDeleteDear, y can't u think in girls side and judge?? If such type of bail could be given then what is the use of 498a???
ReplyDeleteFactual evidences show that the actual use to misuse ratio is 1:99. Refer to www.498a.org if you need more information.
ReplyDeleteThis may be related
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