Anticipatory Bail - I have 498a only Anticipatory Bail - I have 498a only

9 months ago

I have 498a only and dp 3 & 4 only,
1) Is Anticipatory Bail mandatory in 498a case after issuing 41a notice?,
2) If the Bail condition says, that the Person should not leave the Jurisdiction without prior notice, then should I have to inform the police every time I travel to another city for work.
3) What document are required by the police to arrest the person on 498a

Anish Palkar

Responded 9 months ago

View All Answers
A.1) Yes, Anticipatory Bail mandatory in 498a case after issuing 41a notice
2) If the Bail condition says so then it can be modified in some months time
3) No documents are required in for arrest in 498a
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

View All Answers
A.Dear client,

Anticipatory Bail in 498A case after issuing 41A notice:
Anticipatory Bail is a legal remedy that can be sought by an accused to avoid arrest in an anticipatory manner. In a 498A case, if a 41A notice has been issued by the police under the Code of Criminal Procedure (CrPC), the police are required to issue a notice and seek information rather than arresting the accused. However, receiving a 41A notice does not necessarily mean that the accused will be arrested. In some cases, the accused might still seek anticipatory bail to protect themselves from potential arrest.
The requirement of Anticipatory Bail in a 498A case may vary depending on the specific circumstances and the jurisdiction in which the case is registered. It is advisable to consult with a lawyer to understand the best legal approach for your situation.

Bail condition - Not leaving the jurisdiction without prior notice:
If the court or the police impose a condition on an accused that they should not leave the jurisdiction without prior notice, the accused is required to comply with this condition. If you need to travel to another city for work or any other purpose, it is essential to inform the police or the court beforehand as per the terms of the bail condition.

Documents required for arrest in 498A case:
To arrest a person under Section 498A of the Indian Penal Code (IPC), the police must have sufficient evidence and reasonable grounds to believe that the accused has committed the offense. Arrests are generally made based on the police's investigation and the evidence collected during the course of the inquiry. The specific documents required for arrest may vary depending on the circumstances and evidence available to the police.

If you are facing a legal situation related to 498A, it is crucial to seek advice from a qualified lawyer who can provide you with the most relevant information and guidance based on the specific details of your case.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 9 months ago

Hello Sir,
Thanks for the reply,
I have 498a case registered and was issued 41a notice during last week of June 2023 in Bangalore city and I have not taken any Anticipatory bail and Police have not called me for investigation till now, however I will comply with police whenever they call me for inquiry (note - my wife filled 498a case after 1 year of separation and both working and staying in Bangalore).
** few people are saying that since me and my wife are separated and no direct contact between both of us for 1 year, Anticipatory bail may not be required.
I have 2 questions,
Since I am a Photographer and Youtuber I will be traveling out of city frequently for few days every month, should I have to inform the police every time I move out of city?
If I am out of city, can I request police to give me few days time to join the investigation?

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCancellation of anticipatory bail granted by High court
Dear Client, Anticipatory by its very nature is valid and binding till your arrest by police, in which event you must be released on bail as per the terms of the order of anticipatory bail; or if you...
question iconBail
Dear Client If the convicted person files an appeal against the judgment, they may be able to apply for bail while the appeal is being considered. In some legal systems, the appellant can request bail...
question iconAnticipatory bail query
Dear Client The surrender slip you received after applying for anticipatory bail typically serves as an acknowledgment from the court that you have applied for anticipatory bail. It is usually require...
question iconBail - my relative is in judicial custody in a false case
Dear Client, In India, the granting of bail depends on various factors, including the nature of the offense, the evidence against the accused, and the discretion of the magistrate. If the accused is...
question iconSigning at police station
Dear client, You can go early to the police station and sign in the notebook. There is no straight jacket formula for this. What the court need to know is, you are obeying it's order. Sign for 10 to 1...