Legal Question in Criminal Law in India
My wife is complaint in woman police station as a dowry harassment.Before enquiry from womwn police station i got a mentioned below statement from madurai bench high court ,tamilnadu with the help of lawyer.
"1)The petitioners apprehend arrest at the hand of the respondent police for the alleged offences punishable under section 498(A) IPC., and section of dowry prohibition act and hence seeks anticipatory bail.
2)Heard the learned counsel appearing for the petitioner and the learned additional public prosecutor(Crl.side) appearing for the state.
3)The learned additional public prosecutor would submit that on the basis of the complaint given by the de-facto complaint, no case has been registered against the petitioners only petition enquiry is pending.
4)considering the submissions of the learned additional public prosector,I am not inclined to grant anticipatory bail to the petitioners.however,I am inclined to give a direction to the respondent not to harass the petitioners under the guise of petition enquiry.the respondent is directed to follow the dictum laid down in D.K.Basu vs state of west bengal reported in AIR(1997) SC 610.
5)with the above direction,this criminal petition is disposed of "
Kindly provide answer for the below mentioned questions.
1)My wife is asking to my lawyer for her Gold articles.What can i do?
2)The above mentioned statement is equivalent to power of anticepatory bail or not?
3)If i did not give her gold article ,is it possible to arrest me and my family members.
4)My wife is asking to my lawyer "surrender within this week".I can't be able to surrender this week.Why because i kept all gold articles in bank under gold loan scheme since Jan 2011.How can i postpone the surrender date for her gold article,Plz guide to me.
2 Answers from Attorneys
you may seek date on this ground itself that you have pledge the gold.
1. Depends on your decision on the total case.
2. No.
3. May be.
4. Same as Sr.No.1
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