Anticipatory Bail Lawyer in Trivandrum

What is anticipatory bail?

Anticipatory bail is an order of the court saying that if you are arrested in a particular case, you should be released on bail. From 1 July 2024, it comes under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 438 of the old CrPC. The idea remains the same. The court looks at the facts and decides whether you should be protected from arrest.

When do people usually apply?

• An FIR has been registered, or a complaint has been given to the police, with your name in it
• You have got a notice or a call from the police in a case where arrest is possible
• A family or matrimonial dispute has led to cruelty or dowry allegations against you or your relatives
• A business, cheque, property or money dispute has been turned into a criminal complaint
• You are abroad or outside Kerala and need protection before coming back to cooperate with the investigation

Which court hears the application?

The application can be filed before the Sessions Court (the District and Sessions Court complex at Vanchiyoor, or one of the Additional Sessions Courts) or directly before the Kerala High Court at Ernakulam. Which court to go to first depends on the offence, how urgent the matter is and the facts of the case. This will be discussed with you at the first consultation.

How the process works

1. Consultation: We go through the FIR or complaint, the sections charged and your side of the story.
2. Drafting: The petition explains the facts, why arrest is not needed and that you are ready to cooperate.
3. Filing and hearing: The court may hear the Public Prosecutor and ask the police for the case diary.
4. Order: If the court grants bail, it is usually given with some conditions.

Conditions the court may impose

Usually the court will direct that the person:

• appears before the investigating officer whenever required
• does not threaten or influence any witness
• does not leave India without the court’s permission
• executes a bond, with sureties if required

If any of these conditions are broken, the bail can be cancelled.

Documents to bring for the first meeting

• Copy of the FIR (available on the Kerala Police website once uploaded) or the complaint
• Any notice or summons received from the police
• Your ID proof and address proof
• Documents connected to the dispute, such as agreements, messages or bank statements
• Details of any earlier cases against you

Frequently asked questions

Areas we serve

We have clients from all over Thiruvananthapuram district, including Vanchiyoor, Pettah, Thampanoor, Kowdiar, Peroorkada, Kazhakkoottam, Sreekaryam, Attingal, Nedumangad, Neyyattinkara and Varkala, and also NRIs from the district.