Anticipatory Bail Lawyers in Chennai

 

The requirement to grant anticipatory bail arise mainly because occasionally influential persons try to associate their rivals in fake case for the reason of disgracing them or for other purpose by getting them under arrest in Jail for few days to get their work done circuitously.  Now a days since the rise of assets prices and many civil case coming up by the applicant to seek their privileges and if the opposite party feels that the plaintiff has good case to succeed, the opponent party plans and in fact start to file the fake and criminal cases against the plaintiff to put a force and this is where the Anticipatory bail becomes a much needed thing But indeed the government in its knowledge have felt the situation going around as many a cases were coming before the courts with the same pattern therefore the present provision of Anticipatory Bail is brought in the Cr.P.C which was not there initially. Apart from fake cases, where there are practical grounds for holding a someone accused of an offence is not likely to abscond or misuse his liberty while in bail, there seems no reason to require him first to submit to the custody, remain in prison for few days and then apply for bail.

 

Anticipatory bail also called grant of bail to a free person in anticipation of his possible arrest for some offence and in the absence of any order of arrest against him. Grant of bail assumes that the someone is in custody of police or court, and if not in custody, is required to submit to such custody.

1)    The difference between an ordinary & anticipatory bail is that the former being after the arrest means release from police custody, the latter being in anticipation of arrest is efficient at the very moment of arrest.

 2)    The High Court and the Supreme Court have been given wide powers- discretionary- left free in the use of their legal discretion to grant bail on the facts and situation of each case.

 

That there should be no likelihood of the accused absconding:

 

• The length of his house in community;
• His employment, status, history & financial condition;
• His family ties & relationships;
• His reputation, character and monetary condition;
• His prior criminal record including any record of prior release on re-cognizance or on bail;