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ADVOCATES FOR ANTICIPATORY BAIL SERVICE IN CHENNAI
The legal situation may vary from one person to another. There may be some occasion where you will be in need of services of Senior Criminal advocates in Chennai high court for anticipatory bail.
‘Right to Liberty’ is every individual’s natural and fundamental right. In fact, Criminal law is set to move when there is reasonable suspicion of offense about a person. Moreover, The Criminal law brings him to trial and punishes him if guilty. Arrest deprives the man of his liberty. Of Course, Anticipatory Bail sets him free taking a promise to appear at trial in the future and undergo punishment if guilty.
Sec. 438 of CPC, all in all, deals with Anticipatory Bail. An individual indeed can ask for bail in expectation of arrest for a non-bailable offense. By the way, It is a direction to release a person on bail, issued even before the person gets arrested.
What is Bail?
Most of all, Bail is the temporary release of an accused individual who awaits trial. Sometimes a sum of money is necessary to assure an appearance in court. In other words, it is an amount or security like cash or bond or property given as a pledge to the court. Accused of any other person on his behalf can give bail surety.. Bail gets granted for the release of a person from imprisonment. Anticipatory Bail is for the assurance a person will appear in court for trial. Thus bail is a concept of law where the accused gets released from police custody
What is the Purpose of Bail?
The main object of the arrest and imprisonment of the accused individual is:
- To ensure the accused individual comes to the court for trial
- If the person is guilty, he must be available to receive the punishment
The person under arrest is for sure going to appear in court for trial. Then it would be unjust to curb the liberty of the accused. Anticipatory Bail aims to ensure the presence of the accused at trial without affecting the accused’s liberty.
Bail is not a fine or penalty. As a matter of fact, Bail is not a punishment. It is like security obtained to ensure the appearance of a person for trial. In bail, a particular sum of money is paid to get the release of the accused from police custody. A promise to appear for trial is necessary for bail. The bail amount paid will get refunded.
Types of Bails
Every accused individual charged with a criminal or civil offense has a right to apply for bail. There are some exceptions to this. If an accused is a repetitive offense maker then you cannot apply for Anticipatory Bail. In case there is a dire possibility that the accused may not appear for trial then you cannot apply for bail. Also, Possibility the accused may intimidate witnesses and also for a grave crime. The following are various types of bail
Interim Bail: This is a Bail that is granted for a certain period before a trial begins.
Permanent Bail: You can get Bail on a permanent basis. Of course, you can get it after hearing both the petitioner and the prosecution.
Bail before Arrest: This Anticipatory Bail gets granted when the court opines that the accused is not involved in the case. The arrest may have a bad effect on the dignity of the accused.
Bail On Arrest under Section 497 of Cr. Pc: This bail is for both bailable & non-bailable offenses. You can apply for the same after the arrest of the accused against a charge.
Protective Bail: here the accused approaches the provincial court for pre-arrest bail,
Direct Approaching Superior Court: An accused could not go to lower courts for any reason to get bail. The Superior Courts can grant pre-arrest bail in special cases
Bail for the Convict: Once you get a convict order, You can get bail for the accused to go for an appeal. The court may believe that there are considerable grounds for the release.
What is Anticipatory Bail?
Anticipatory bail is a bail that will be available to a free person who expects arrest for some offense in short. There should be the absence of any order of arrest against him. Grant of bail presumes that a person is in police or court custody. In case he is not in custody, It is necessary he surrenders to them.
A person who has rightful fear of arrest in cognizable offences can get an anticipatory bail. In Criminal cases like dowry, anticipatory bail comes as a great relief to accused person. One applies for Anticipatory bail in expectation of arrest in brief. Most of all, Criminal lawyers in Chennai at our dynamic law firm offers the best legal services for Anticipatory bails.
Why a person needs Anticipatory Bail?
The need for anticipatory bail arises due to some situations. Sometimes influential persons try to incriminate their enemies under false cases. Influential persons may want to disgrace them. It may also be to detain them in jail to remove them from their path to the goal. Many people frame false cases to intimidate and influence and threaten innocent victims in the long run. Under such circumstances, anticipatory bail is a boon on this side.
PROCEDURE TO GET AB
- To get anticipatory bail a person has to go to High Court or Sessions court.
- When a person comes to know that he may go under arrest, he must contact a good Criminal lawyer or a Senior Advocate for Criminal cases to procure anticipatory bail.
- The advocate files ’Vakalatnama’ in the respective district court along with a bail request
- There will be a scheduled hearing in the court for the AB request
- The person must go with the advocate to court. The court hears their version of the case.
- Issue a notice to the public prosecutor making it returnable
- The court hears the public prosecutor’s version of the case and passes the final order
- Order for an Anticipatory bail
After the sanction of bail, you need to pursue a few formalities when on bail. The Court has got the power to place some conditions and restrictions in the first place. They are
- The person should be available for police interrogation when required
- A person shouldn’t have direct or indirect inducement, threat, or promise to dissuade evidence.
- The person should not leave India without the Court’s permission
- Other conditions imposed under sec. 437
Contact No.1 Criminal lawyer in Chennai to get an AB
Do not forget or hesitate to contact Criminal lawyers in the case of arrest or threats. Bail or anticipatory is the right of every person irrespective of race or sex.