On Anticipatory Bail

by Marathadi-Saamiyaar Sun Feb 17, 2013 7:17 pm

..In a country, where a case drags on for decades before a decision is made, anticipatory bail is practically a "total" release from the case. Whatever happened to the cases on JJ, Stalin, Kanimozhi, Raja, etc...

this kind of bill should not be available for those accused in rape, murder, political corruption, ang financial institutional corruption.

by goodcitizn Mon Feb 18, 2013 1:14 am

Per Wiki:

Under Indiancriminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.

On filing AB, the opposition party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.

An accused is free on bail as long as the same is not cancelled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.

Except for brave souls like Subramania Swami who are willing to spend time and money (even risk their lives) on PIL filings, the system including justice is corrupt to the core. Otherwise these criminals will be rotting in jail.

by Guest Mon Feb 18, 2013 3:00 am

the AB requirements have been slightly amended now by a SC ruling. earlier you could apply for AB while absconding. now you have to be present in court during the AB hearing. this is a big deterrent for people seeking ABs for earlier you could continue to abscond were your AB rejected.

by Kris Mon Feb 18, 2013 3:31 am

Huzefa Kapasi wrote:the AB requirements have been slightly amended now by a SC ruling. earlier you could apply for AB while absconding. now you have to be present in court during the AB hearing. this is a big deterrent for people seeking ABs for earlier you could continue to abscond were your AB rejected.

>>>I think that requirement would be somewhat of a deterrent and therefore an improvement on the previous state of affairs. However, for those with political pull, I imagine the court appearance would be a formality at best. I think the Indian judiciary's credibility will improve only when we see politicos sitting in jail and serving out their time. I don't know the circumstances under which Kanimozhi was released, but I could have pretty much bet her tenure in jail would be less than a few weeks at best.

by Guest Mon Feb 18, 2013 3:50 am

http://articles.timesofindia.indiatimes.com/2012-09-01/india/33534658_1_absconder-supreme-court-bench

this happened at a time i was seeking AB. Razz

by goodcitizn Mon Feb 18, 2013 9:31 am

Huzefa Kapasi wrote:the AB requirements have been slightly amended now by a SC ruling. earlier you could apply for AB while absconding. now you have to be present in court during the AB hearing. this is a big deterrent for people seeking ABs for earlier you could continue to abscond were your AB rejected.

What bothers me is that people like A.Raja, Kanimozhi etc can, while out on bail, intimidate prosecution witnesses or even pay them a huge bribe to keep their mouth shut in order to avoid punishment lawfully due to them. That is on one side. The flip side is the prosecution itself aiding and abetting the defence to get the crooks off the hook. Well, the joke is on the taxpaying public.

by Marathadi-Saamiyaar Mon Feb 18, 2013 4:41 pm

Abolish all bails in cases involving, Rape, Murder, Financial corruption in institutions and by all babus and politicians.

As such the law enforcement has to jump several hoops to get "permission" even to arrest one of these guys, only to be let out on bail by a court. What a joke.

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