1) If you are an NRI, against whom some Indian woman has filed complaint under Sec.498A, or if anyone has filed case of 138 Negotiable Instrument Act, or such other cases, it is possible that police may have given a look-out notice to airports and you may get arrested when you land at any airport in India.
2) It is also possible that police may not have issued any look out notice, but you may get suddenly arrested by police when you may be touring in India or when you may be about to leave India.
SAFEGUARDS
3) Supreme Court has now changed law of arrest and police is directed to not to arrest a person accused of 498a or any such case were maximum punishment is less than SEVEN years.
4) But Supreme Court still permits Police to arrest if police has REASONS TO BELIEVE that the accused may abscond, may disappear or may not be available in India at time of trial.
Police has to record such reasons in writing while making arrest, otherwise, the Police commits contempt of Supreme Court direction. Police may have to face departmental inquiry. A High Court can issue show cause notice to policeman to ask him why he should not be punished for violating guidelines of Supreme Court.
5) What an NRI can do to avoid surprise arrest?
Before coming to India, he can ask a lawyer to move an anticipatory bail for him in Indian court.
In such application, he should assure court that when he will come to India, he will apply for regular bail, and at all time, whenever court will need him for trial of case, he will come from abroad and will attend court.
If court is satisfied, it will pass an anticipatory bail or interim protection order and he will not have to face any Surprise Arrest when visiting India.
SECOND STAGE
He must however, when he comes to India, should appear before Judge and should ask for regular bail till the whole case is finally over.
If he fails to give proper bonds and his proper addresses abroad, the court may decline regular bail.
You can expect bail order only if you are ready to respect court and to abide by orders of court.
Normally, as per Supreme Court directions, even Magistrates are directed to grant bail unless they have reasons to believe that accused may abscond, disappear or not likely to come at time of trial.
They too have to record such reasons if they want to refuse bail in cases were maximum punishment is less than 7 years.
Haresh Raichura
25/10/14
Copyright : Haresh Raichura 2014
