Legal Question in Criminal Law in India

Re: about anticipatory bail

Please let me know if any medicolegal issue is involved in the affair.

Re: about anticipatory bail

first of all you have to disclose date of incidence mentioned in the FIR. if on that date of occurance , your brother was present in india only than offence can be made out against him. suppose he was present at the time of occurance than as per amendment of sec 438 of cr.p.c your brother cannot comply with the directions of court.According to section 438 cr.p.c.he has to give like affidavit and personal attendance in the court. when he is not present in india than need no bail. if offence is made out against him or charges framed against him only than you can move high court for quashing of the case against your brother

Re: about anticipatory bail

As there is no medicolegal issue involved, it is out of my perview. Kindly excuse.

Prof.J.P.Saxena

Re: about anticipatory bail

As per the amended provisions of section 438 Cr.P.C. governing grant of anticipatory bail, the Court may direct that the applicant accused to remain present before the Court at the time of hearing of his application for anticipatory bail. In the cases like yours, it is always advisable to think, discuss and finalise over all line of action and then proceed further. Only planning for an anticipatory bail without over all planning may prove to be unfruitful or even lead to complications in future.