• Anticipatory bail w.r.t. 498a case

Dear Respective Lawyers,

This is a follow-up question for my earlier post https://www.kaanoon.com/20851/wife-using-all-available-legal-weapons-against-me . Thanks for your detailed answers. Provide answers for this query  too.

I had applied for AB for apprehending arrest since my wife had lodged a fake complaint under 498 section. Madras High court had granted my AB considering my petition, however had laid some conditions to make the AB complete. This includes, executing a bond of 10,000 for each petitioner including my parents and 2 surety each. Need to physically present in nearby police station and sign the register every week without fail for 2 weeks.

Here are my queries.

1) What is the procedure that will be followed to execute this bond & surety
2) Is it mandatory to complete this procedure? If else what is the consequence.
Reason for this question is, When I checked the crpc status of original complaint in TN police website, the status is "compromised". So I presume that, police didn't take up this matter further & high court had issued this AB, since there is a possibility of further such acts from opposite party. Since there is no active case / FIR against me, is it necessary for me to complete the conditions, to ensure the AB is alive?

3) What is the lifetime of AB.
4) Will get my AB bond amount back, after the AB is ended (i,e after the end of divorce)
5) Will I get any acknowledgement or receipt from court for executing this bond.
6) Do I need to physically present for executing this bond or Can I nominate my lawyer to do this on my behalf?

7) Can this AB save me from the legal terror, that I'm into presently? Do I have to take any other step, on top of getting AB?

Advance thanks for all the lawyers in this site.
Asked 1 year ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) Sureties must be over 18, have a permanent address and have sufficient money to cover the 
amount of surety after payment of all their debts. The sureties may carry to the Court documents 
such as ration cards, rent receipts, provident fund slips, salary slips and income tax challans; 

2) you must comply with court orders granting you AB . 

3) you will get receipt from court 

4) you have to be present in court for execution of the bond 

5)once AB is granted contest case on merits . it takes over 5 years for case to be disposed of 

6)if compromise is arrived at with wife you can move HC for quashing 498A case 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
1. Contact a local lawyer, he will make you understand the procedure. It is not so complicated.
2. Yes, you have to go through this procedure sooner than later.Do not give reliance on such website information. Comply the direction of high court.
3. As long as you do not receive the notice of submission of charge sheet.
4. It is hardly returned.
5.Yes
6.No, you have to physically surrender before the lower court and then execute the bond.
7.Terrors are in mind , not in physical for, . If you are terrorised then no order of bail can give you comfort. 
Now only the trial of 498A case is left.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi, you have to go the court and execute the bail and bond as per direction of the court and your presence is very much necessary in executing the bond.

2. If you fail to full fill the conditions it amounts to violation of terms of bail.

3. Don't trust the website it is better check the case status in the court and proceed further.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist 
My opinion on your queries are as under:

1) What is the procedure that will be followed to execute this bond & surety.
Opinion: Contact a lawyer and fill the form no.45(Bail Bond) along with personal bond as per Criminal Procedure Code

2) Is it mandatory to complete this procedure? If else what is the consequence.
Reason for this question is, When I checked the crpc status of original complaint in TN police website, the status is "compromised". So I presume that, police didn't take up this matter further & high court had issued this AB, since there is a possibility of further such acts from opposite party. Since there is no active case / FIR against me, is it necessary for me to complete the conditions, to ensure the AB is alive?

Opinion: I think this is conditional Anticipatory bail, if yes then your parents/you have to compliance the same.

3) What is the lifetime of AB.
Opinion: till the final disposal of the case until and unless the court fixed any time frame.

4) Will get my AB bond amount back, after the AB is ended (i,e after the end of divorce).
Opinion: It may be return to you when you get acquittal or conviction order from the court only.

5) Will I get any acknowledgement or receipt from court for executing this bond.
Opinion: you may claim a ropkar from the court regarding the same. local lawyer may help you better.

6) Do I need to physically present for executing this bond or Can I nominate my lawyer to do this on my behalf?
Opinion: personal appearance is mandatory until & unless relaxation be provided by police or court. 

7) Can this AB save me from the legal terror, that I'm into presently? Do I have to take any other step, on top of getting AB?
Opinion: Compliance the terms and conditions of the AB grant by Court and sit tight till the evidence or filing the charge sheet.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0

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