Police filed FIR against several boys under 324, 341, 356 & 382
2 groups of college boys of same mohalla (street) fought. Victims group alleged that the other group beaten one of them and snatched his mobile phone.
Based on their complaint, police filed FIR.
Lawyer says the accused should take anticipatory bail to avoid arrest.
Sir, plz. advise us as to how we should proceed to save the accused group from the clutches of police and from unnecessary criminal cases which take lot of time and money. Because, ultimately, parents of such boys (both groups) will have to suffer.
In case we need to go for anticipatory bail, how much it will cost, whether court grants or refuses such bail and if granted or rejected what is next step to come out of this problem.
I am father of one of the accused boys.
Thank you very much.
God bless you all
Asked 6 months ago in Criminal Law from Chennai, Tamil Nadu
If the police have registered FIR, then it becomes essential to obtain AB for all those listed as accused in the FIR or else the police may arrest them and remand them in the prison.
If the FIR turns out to be case and submitted before court then it has to be challenged as per law, there is no way you can come out of the case until the opposite party comes for a compromise.
First obtain AB and then think of further steps at a later stage.
Is it possible to go for a compromise under the sections mentioned earlier? What if AB not granted. Thanks a lot
Asked 6 months ago
If AB is not granted in sessions court, you may apply for the same in the high court.
The compromise part will play its role at a later stage during trial, so you can arrange for that accordingly at that time.
The crime is registered u/s. 341 and 324 r/w. 34 I.P.C. The offence under section 341 I.P.C. is compoundable under Section 320(1) Cr.P.C. even without the permission of the court, whereas, under section 324 I.P.C. is compoundable only with the permission of the court under Section 320(2) Cr.P.C.
3) If pending investigation there is composition of an offence under Section 320(1) or 320(2) Cr.P.C., the parties must certainly have the option of either coming to the Court or to the police.
4) written composition can be filed before the police by the victim - (The person shown in the third column in the table annexed to Section 320 Cr.P.C.). The police must verify the truth, genuineness and voluntariness of the composition. Statement of the victim can be recorded under Section 161 Cr.P.C. If satisfied that there has been a willing, voluntary and genuine composition, which can be accepted by the police and report submitted to magistrate
5) Where the offence is one falling under Section 320(2) Cr.P.C. the police officer, if he is satisfied that there is willing and voluntary composition, submit a report to the court seeking orders of the Court as to whether leave is granted or not.
sec 41 as after the amendment, of the code of criminal procedure no arrest can be made in the offence punishable less than 7 years, in your case all the offences are punishable for less than 7 years so don't worry for arrest.
dont approach for AB instead of it you should carry on procedure for compromise because offence is compoundable under section 320 crpc.
you should get regular bail because offence is punishable for less than 7 years. arnesh kumar, k. c. george vs karnataka ..... many cases are available which will be helpful for bail
The advise of lawyer is bang on mark. If you do not obtain AB you will be in jail. Emphasis at this stage should be to obtain bail alone. Nothing prevents the complaint and accused from compounding the offences.