Information about Anticipatory Bail, Bail, Interim Bail, Bail condition Relaxation at Madras High Court, Chennai, Madurai bench

The temporary release of an accused in a criminal case can be called as bail. Bail is when the accused is brought out under police protection or judicial custody with the help of a lawyer, 2 sureties. After that the case will be pending in court. Judgment will be given based on the trial. There are 3 categories of regular bail, anticipatory bail and interim bail.

If there is any problem or a false case where the accused is not available on bail, the victim can file a petition in the court seeking anticipatory bail. Anticipatory bail can be appealed in the District Court and the High Court. He will be granted bail under Section 438 CrPC.

Interim Bail: Interim bail is granted when it takes a long time to decide on anticipatory bail and regular bail.

You may apply for relaxation of condition based on the conditions relaxed by lower or trial court, which will be considered by high court. If the application made before the high court. The high court is not relaxing the condition you should file appeal against the order in supreme court.

28 days maximum for standard criminal cases, Any such extension must be for no more than three months after which application has to be made to the magistrate's court.

While granting anticipatory bail certain conditions are imposed by the court on the bail applicant. Non-observance or breach of those conditions will result in cancellation of anticipatory bail. The court shall cancel the anticipatory bail if the complainant or the investigating party appeals for cancellation of anticipatory bail and their reasons are acceptable.

Those who are already on anticipatory bail do not need to file a regular bail application until the court proceedings continue. This applies only when the court does not cancel the anticipatory bail. Anticipatory bail alone is sufficient in some cases.

Under 436A of the Criminal Code, a prisoner under investigation can be released on bail by the court. That is, if the accused has served half of the maximum sentence of the case, the court can release him on bail. Perhaps, if convicted in the case, the remainder of the sentence will be served on top of the time already served in prison.

Available. In non-bailable cases, the accused have the option of appearing on bail. The court will decide depending on the seriousness of the crime committed by the accused. Court of Session and High Court can grant bail.

Although it is a bailable case, the accused has to appeal for bail. If it is a bailable case, the accused need not approach the court. A police officer can grant bail.

Arrested in cases punishable by death and life imprisonment, bail is not granted unless there is sufficient evidence against the accused. If the accused goes out, endangers the prosecution and destroys the witnesses, Bail shall not be granted if he has already been sentenced to death or life imprisonment in any one case, if he has served imprisonment for more than 7 years, if he has already been convicted in two or more offences.

Courts have the power to cancel bail at any time. A bailee should not act as if he is acquitted of the case. If the prosecution engages in intimidation, tampering or intimidation of witnesses, the bail will be cancelled. The court can cancel the bail and order the police to arrest the accused under Sections 437(5) and 439(2) of the Penal Code.

It is also possible for the prosecutor to apply to amend your bail conditions, where new information comes to light which was not available when the original bail decision was taken.

The Court which grants bail, can also withdraw the concession of bail, either suo moto, that is own its own, or on the Application from the Police/ Complainant/ any other aggrieved person. However, the Courts exercise their power of cancellation of bail with care and circumspection.