trap by a girl,where she had some affairs before ... now she filed a case against my family complains that my brother married her as a evidence they produced photos ,and me and my mother was threaten her when she said about marriage , As she mentioned same in complaint ,where my brother was not married at all its a broken relationship and where we came to know they are some kind of morphing ,now she failed a case against my mother too,who is an copd patient and on me...under section 354,420,506,323 ipc on 26th July15. 1, As session court rejected a bail twice In this case ,High court of AP granted a bail to my mother and to me.as accused 2 and 3.and rejected bail to my brother ! Orders are expected to come by Monday regard my mother and me. 2,how about my brother bail ? Shall he get AB ? In the same court.? In how many days we re apply in high court .Our advocate told us will apply after 10 days.? 3. Please suggest me how do we get my brother out of this case. 4,after getting bail is any call by police ? We should attend station for any investigation? If possible Suggest me best criminal lawyer if any in HC of AP.
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1. The HC has denied bail to your brother. So he should move the SC for bail. Once the HC has rejected his bail the lower court will not grant it.
2. Applying for bail again in the HC is likely to be futile, but you can try your luck.
3. Once bail is granted the police can call you for investigation but it cannot arrest you. If you do not appear your bail can be cancelled.
Hi
First of all try to get the bail for your brother, now again apply in high court for the bail, if the investigation is over there is a chance he can get bail.
depending on the evidence of alleged Marriage what she has given to police other than photographs the case will be made out against you all
The photographs can be disputed as morphing or any other form of editing can create photos.
what are the incidents mentioned other than criminal intimidation based on you should defend the matter.
If you have got the FIR , consult an advocate who is an expert in this matter.
Find an advocate who is from the area where the court is it will help you to follow up the matter .
You can also see the [possibility of quashing an FIR, just dont hurry about it depending on the facts of the complaint , statement by the Girl and other witnesses and based on the evidence what you have to disprove them , you can move a quash petition in the high court.
The offences mentioned are seriously taken only depending on the facts of the case , what injury and loss to the victim.
An advocate who sees the FIR and charge sheet will able to tell you the possibilities of the quash petition and the success of the trial.
2,how about my brother bail ? Shall he get AB ? In the same court.? In how many days we re apply in high court .Our advocate told us will apply after 10 days.?
Your brother can apply for AB after a lapse of atleast 15 days from the date of dismissal but should secure evidences supporting his pleadings in the bail application.
4,after getting bail is any call by police ? We should attend station for any investigation?
Yes, you all have to attend the police station for investigation by IO whenever he summons you all.
You have already engaged a criminal lawyer for bail purpose, if you feel he is not okay then you can call me, shall suggest you good high court lawyer.
1. Since your bother's AB is already rejected he can not apply for AB once again.
I would advise him to remain absconding till the time of submission of charge sheet. Once it is submitted he can surrender and get bail.
2. Yes after getting bail you should meet the IO whenever called and cooperate with the investigation.
Dear Querist
as per your information, the High court grant bail to you and your mother and reject bail to your brother then immediately file bail before supreme Court, high court will not entertain the bail again without any change in the circumstances.
He will be grant bail by SC.
after getting bail it may be possible that you or your brother and mother may visit police station for co-operation of Investigation.
Feel free to Call
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FIFTEEN :PRESENT: THE HON'BLE SRI JUSTICE RAJA ELANGO CRL. P. NO:9329 of 2015 Between: 1 A 1, A2, (A-3) ..... Petitioners/Accused 1 to 3 AND The State of AP., rep. by Public Prosecutor, High Court, at Hyderabad. .....Respondent/Complainant Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to grant anticipatory bail to the petitioners/accused 1 to 3 in the event of their arrest in Crime No. 52 of 2015 of Chilamathur PS., Anantapur District.. The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri ..... Advocate for the Petitioners and of the Public Prosecutor (AP), for the Respondent, the Court made the following. ASSISTANT REGISTRAR //TRUE COPY// To For ASSISTANT REGISTRAR Hi sir this order copy i received ... is this mean that we three got bail ? Or mistakes happen in high court? My lawyer said allowed for 2 then if I see order copy is that allowed to 3! Please clarify above.
You have not furnished the order in full, you have furnished only the prayer part and the concluding part of the high court order is missing, i.e.,
""The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri ..... Advocate for the Petitioners and of the Public Prosecutor (AP), for the Respondent, the Court made the following. ""
What was the orders that were pronounced which ought to have been furnished after the word "following" the contents are missing hence any opinion given on the basis of half information would be misleading or misguiding.
From the prayer part i.e.
""Respondent/Complainant Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to grant anticipatory bail to the petitioners/accused 1 to 3 in the event of their arrest in Crime No. 52 of 2015 of Chilamathur PS., Anantapur District""
it can be made out that the bail application is fro three persons, whereas the orders is to be seen for rendering proper opinion.
There is no mention in the order about the grant of bail. The subsequent part of the order is missing.