• 498a - interim order anticipatory bail conditions

Dear Learned Counsels,

Wife has filed false 498a and 506 against me and my mom and dad in the local police station.
FIR has been lodged.Based on the FIR we filed a anticipatory bail and have got interim anticipatroy bail order passed by the hounarable judge as below:
"In the event of arrest of the petitioners by the arresting officer of police station in cr no x registered against the petitioners for the offences punishable u/s 498a,506 of ipc and sec 3&4 of dp act ,the I.O shall release the petitioners on their executing personal bond for a sum of 25000 each with one surety for the like sum to the satisfaction of the IO,subject to the conditions that , the petitioners shall be cooperative with the IO for the fair investigation purpose and they shall not misuse the interim order.
It is made clear the interim order shall be in force till disposal of the main bail petition"

Next hearing on the main anticipatory bail petition is on 3rd week of january.

My Questions:
1.Police/IO has asked me to bring the original copy of the interim anticipatory bail along with my parents and one surety and fulfil the conditions.IO says this is a mandatory procedure.I was of the thought this is required only in the event of an arrest if required.
But it sounds like we will be arrested on paper and released on AB just because I have a AB.
Is this procedure mandatory as told by IO or can be avoided and will this create any issues if I do not cooperate.And if I cooprate, will anything go against me or my parents during charge sheet.
As per my initial conversations with the IO he mentioned my parents could be excluded from the chanrgesheet since they are statying seprately.Will this paper arrest (if i can call it so) hinder any exclusions of my parents in the chargesheet.

2.Given this is an interim order - What would happen in the next hearding of the main bail petition.
And Should I again exxecute the conditions once i get the main bail petition granted.

Eagerly awaiting your valuable feedback.
Many Thanks & regards,
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

1. There is no need to meet the Police just now nor to furnish security at this stage. The question of furnishing bail arises only when you are arrested.

2. However to avoid any risk do obtain certified copy of the order and keep it with you always.

3. The IO is very much aware of this officially as without his presence the court does not pass such other..

4. In the final hearing your AB is likely to be allowed.

5. once you are granted with AB finally you have to surrender in local court, regualrise the bail and then furnish the security and Bond amount.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) you must cooperate with IO and submit the documents sought by IO

2) it would not hinder exclusion of name of your parents in the charge sheet.

3) court after considering report of IO and after hearing arguments pass final orders in hearing of main bail petition

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

The conditions imposed by court for granting interim AB is very clear that you should approach the concerned police station, execute a a bond to the sum mentioned through a surety.

This is how the AB is executed.

In fact it is nothing but surrendering before the police station and get released on bail upon furnishing the bond through a surety. This is the regular and routine procedure to get enlarged on bail.

Dont make fuss about it, follow the orders of the court and cooperate with the police for investigation which will be in your own interest.

2. If the court is imposing conditions for grant of regular bail in the main AB petition, then you have to comply with the conditions following the laid down procedures.

Any agitation at this stage for such petty issues may draw an adverse impact to your main anticipatory bail application. Be watchful about this.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Hi

Step 1:

1) The courts have granted you an anticipatory bail and the procedure is that you and your parents meet the I/O and

a) carry with you the original copy of the interim anticipatory bail and

b) execute the personal bond for a sum of 25000 each

c) and with one surety (for each person ) for a like sum (i.e Rs25000 for each person)

2) Upon completion of above the I/O will release you on bail and this will continue till the disposal of your regular bail petition.

Step 2

3) Upon hearing of your main bail petition (which is a mere formality given that you already have an AB), the courts will grant you a regular bail till the disposal of case

4) In accordance to law, there is nothing in s.438 to suggest that the order of anticipatory bail shall be effective up to a particular stage or till the filing of the challan.

5) As soon as a person is enlarged on bail on the directions of anticipatory bail order, It would be deemed by implication as if the bail was granted under s.437.(1) that the bail shall be effective till the conclusion of the trial , unless it is cancelled by the court taking action under s.437(5) or under s.439(2) of the Code on the grounds known to law and filing of the challan in the court is by it self no ground to cancel the bail.

6) So all you need to do complete the formalities of Anticipatory bail and get the bail converted to regular bail at the time of main bail petition.

Step 3:

7) Bail pertains to your personal liberty and has nothing to do with the facts of the case.

8) In all likelihood(as is the case with plethora of 498A cases all over india and depending on merits) your parents will be excluded in the charge sheet and it is also likely that your 498A will be dismissed at the very earliest.

So no worries.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. when arrest warrant has issued and police comes to arrest then you should show AB. because for the enforcement of AB, arrest procedure must be initiated (warrant issued) and police comes to arrest (being ready to arrest).

2. you should get regular bail because the supreme court has directed in arnesh kumar case 2014 that accused must not be arrest in 498 A case without completion of preliminary investigation and order of the court under sec 204 crpc.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. It is the procedure and it is beneficial for you because when the IO arrest you and released on bail as per Court direction, it means you join the investigation and co-operate with the IO and at the time of Bail, your counsel may take benefit of this thing and your Anticipatory bail will be convert in absolute bail.

The IO Has power to mention or remove your parents name from the case due to any sufficient reason as you mention that they live separately

2. On the next date of hearing if argument was heard by the court then you may get absolute anticipatory bail and then no need to worry about jail.

Yes, you have to execute every terms and conditions imposed by court because at the time of bail it will be mention in your bail petition that the applicants/petitioners shall be abide by the conditions imposed by this Hon'ble Court.

so Co-operate with IO in the investigation and provide all the documentary proof for your innocence which should be part of investigation which will be beneficial in your case.

fight the case on merit or settled the matter amicably if possible.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. AB is a relief against arrest as police cannot effect your arrest by touching your hands. Be that as it may, there is nothing abnormal in what the IO has said. When you go to fill the bail bond you are required to produce the certified copy of the bail order.

2. Bail has no nexus with the merits of the case. Despite the grant of bail the IO can still include your parents name in the chargesheet.

3. The interim order will be made permanent if you ruthlessly comply with the conditions laid down by the court in its order.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you should mention that wife deserted her matrimonial home of her own accord . she kidnapped child from school and that you had filed police compaint regarding the same

2) quick charge sheet is in your interest

3) gather evidence of her income

4) file declaratory suit that you are owner of plot as 80 per cent consideration has been paid by you for purchase of said plot

5) 498A cases take 10 years to be disposed of . wife will compromise once she realises you are not bowing down to blackmail tactics

6) all allegations made in FIR have to be proved by wife

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. Just because you are married for so many years you cannot get immunity from her false criminal cases, you have to fight it out in the trial court based on the merits you rely upon.

2. Love marriage or arranged marriage, the mentality of cruel nature women will remain same.

3. She is adopting the strategy as advised by her lawyer.

4. You do not have to respond to the ncr before police, let them call for inquiry after which you may give statement denying all the allegations agaisnt you.

5. It is the duty of IO file the charge sheet before court within 90 days of registration of FIR.

6. Your RCR is not a solution to this problem either it will support your casue while fighting against the evil designs of her.

7. You must prove her employment in the maintenance claim case by repudiating the same.

9. The property registered on her name shall be her own and absolute property you can do nothing to save that but other properties standing in your name are secured by the provisions of law and she cannot claim any right over it during your lifetime.

Getting a AB means you are required to the conditions imposed therein or else the bail granted may be cancelled.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. You have to contest the allegations on merits at the trial in order to prove your innocence. You will get a fair opportunity in this regard.

2. If and when the chargesheet is filed you may apply for discharge.

3. There is nothing wrong if the IO has told you to bring the certified copy of the bail order. He cannot arrest you if the court has ordered him to not to do so.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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