• Ex-employee of a defaulter company

Dear Sir,
I served as a COO,in a real estate company (chit fund type business).Initially i was joined there as a GM (Business) in their real estate business,and i got promotions as a COO in three years because of my great performance.but i leaved that company in year feb 2013 due to another opportunities.Now i am serving the present company in since last three years.
But recently my ex-chairman (previous company) was arrested in case of cheating and fraud,meanwhile there is many FIR against him ,and in some of FIR my name is also mentioned.
my question is that what should precaution i will take,to avoid any arrest or calls from police.
Kindly advice me. 
Note:- there was no any FIR during my job tenure.all FIR'S are logged within last six months.
Asked 1 year ago in Criminal Law from Greater Noida, Uttar Pradesh
Religion: Hindu
Apply for anticipatory bail. If your involvement is not prima facie established you should get bail.
I may inform that merely because you have left that company is no defence if your involvement or complicity comes forward.
Delay in FIR will work in your favour.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Hi
You need to secure anticipatory bail as early as possible to avoid arrest as your name is in the FIR
The FIR can be lodged in 3 years of occurrence of offence or after learning about the offence 
See the loopholes and evidence if any which can prove your innocence. If any proof to show that you were not involved directly. Apply in high court to quash the charges against you
For dropping charges first u can approach the trial court once charge sheet has filed

Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Hello,
1) You need to apply for anticipatory bail to avoid detention in case of arrest. This would mean that you would be released in case of an arrest.

2) you cannot altogether avoid arrest or calls from police, however by securing Anticipatory Bail you would be safe in the event of such.

3) If you have not been involved either directly or indirectly by virtue of your position you need to contest and secure your acquittal.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. What is the criminality attributed to him in his statement? 

2. To preempt any adverse consequences, including arrest, which may ensue to you from his inculpatory statement, you should apply for anticipatory bail.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1. Your current preventive legal action depends on what are he charges leveled against you,

2. It is not mandatory that charges can be brought when you are with that Company. Charges can be brought any time later on when some criminal act has been detected,

3.Had you committed any fraud along with the chairman of  your earlier company?

4. f you remember any such event hen collect documents in your defense evidencing your non involvement with the said event,

5. Apply for and avail anticipatory bail from the Court first.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
5.0 on 5.0
If you have been listed as an accused in the current FIR, it becomes your duty to safeguard your interests against arrest or remand by obtaining anticipatory bail.  
Thus after getting anticipatory bail, you may see what are the charges made against you and how they have  implicated you in the case and what are  your liabilities in it and whether it is maintainable or not.  
If you find that the charges against you are not maintainable or tenable in law and you possess substantial evidences to prove your innocence, you may either file a quash petition before the high court or may file a  discharge petition before the trial court itself. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
(1) Should i wait for notice from police station or no regarding the FIR???  Actually till date i had not received any notice regarding the same. Actually all notice will reaches the old office,where i was worked,may be its possible all notices should be received on that address.
Police will send you the notice after registering the FIR, if you come to know about a pending FIR, in your own interest obtain anticipatory bail and be free from being  arrested. 




(2) i have my acceptance of resignation letter, NOC certificate etc.
It will not help you or have any  impact in the initial stage, so don't be over confident about it. 



3) Also i never signed any transaction documents such as banker cheques or any kind of bond/cerificates.
If you have been listed as an accused, you can defend yourself based on the evidences in your possession during trial of the case. 


4) Also actually business was on large scale,so there are numbers of FIR having same Charges in various states/police station.should i take bails on all case or there will be any provisions to apply anticipatory bails for all together.
You should obtain anticipatory bail separately on all separate FIRs wherein you have been named as an accused, single anticipatory bail will not protect you from being arrested through another FIR.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1. The police is at liberty to arrest without a notice to the accused.

2. Guilt or innocence in a criminal prosecution is proved only when the court delivers its final judgment. You have to go through the process if the prosecution is launched against you. So if the arrested accused has made a statement which incriminates you then it will be wise on your part to seek prior protection from the court against a surprise arrest.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

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