Thread by @Hareshraichura

Thread : Some Reasons on why Anticipatory Bail, even without copy of FIR, ought to be granted to those who fear arrest for some social media post, posted or shared by them.

1) It is possible for courts to grant anticipatory bail to any law abiding person under Sec.438 of CrPC

2) The meaning of Anticipatory bail is simply this, the police should not arrest, but should get some personal bond from accused that he/she will co-operate with investigation.

3/ The grant of an anticipatory bail order, instantly frees the accused from fear arrest and torture by police of different States. It frees him/her from fears of custodial deaths or ill treatment in police station.

#lawyers #lawstudents

4/ In cases of FIRs which are based on some social media posts, anticipatory bail could be granted routinely. Because the post is recorded on digital platforms. Even if deleted, it can be traced. The accused cannot even deny it because of digital finger prints.

5/ It is difficult to understand need of any custodial interrogation or detention by police in cases relating to social media posts.

6/ On being arrested, a person may have to surrender his/her mobile phone or laptop. As per law, this requires a warrant from a Magistrate. But in most cases, police says that accused voluntarily surrendered phone and laptop. Some strict procedures are needed to be laid down.

7/ Mobile phone and laptop of a person may contain sensitive information of a person.

It amounts to violation of right to privacy if police takes custody of phone or laptop without following mandatory procedures.

8/ FIR may contain several other sections in which police can arrest inspite of anticipatory bail order regarding social media post. Or police may arrest in some other new FIR on some other social media post. .

The order granting Anticipatory Bail needs to be comprehensive.

9/ Even in cases of BLANKET ANTICIPATORY BAIL order in FIRs of Social Media posts, it is always open to police apply to request court Permission to Arrest and for Police Remand. Therefore, the courts can be more liberal in granting Anticipatory Bail Blanket orders

10/ When accused who posted offensive post is living in one State, and when FIR against him is filed in different State, the accused should be granted permission to appear via video conferencing.
As was done by SC in Vinod Dua Case.

11/ I remember an old case that I had heard long back. At that time a late Supreme Court Judge asked govt counsel, "Tell us why we should not grant anticipatory bail in EVERY CASE? What is the object of grant of anticipatory order? Why this provision has been enacted?"
#lawyers

12/ The govt counsel was not ready to answer this unexpected question from #SupremeCourt.

The judge asked him to come prepared next week. The case was adjourned. Thereafter I never knew further about that case.

13/ Filing of FIR is not a precondition for grant of anticipatory bail. ( Savitri V. Maharastra 2009). If a person has "Reasons to believe that he may be arrested for a police, he can move application for anticipatory bail.

14/ I have written this thread in view of the recent trend that on a person who writes a provocative, Facebook or Twitter, cases are filed against him in another State.
Such cases can be quashed by High Court, but till then such person should be protected with anticipatory bail