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Can we be taken to custody if we appear in court


26-Feb-2023 (In Criminal Law)
We have a case filed against 2 of us u/ s 353, 342, 504, 34. Case filed by our college principal. We are also government servants in the same college. The charge sheets already submitted. After that we had taken anticipatory bail. The trail court majistrate was on training from past 4 months. So, we had not attended the court. Now we got the summons to attend on 2nd March. My advocate told that we have to take regular bail. 1. Is there any chance of taking us to custody if we appear to court now.
Answers (3)

Answer #1
679 votes
Hi, You may not need to take regular bail, In case, no changes in the offence mentioned on charge sheet. The sections you mentioned are relating to cognizable offence. Even if magistrate was on training there would have been chances other judge would have looked this case. You may approach your lawyer( along with summon copy) to look on charge sheet before you appear in court. You may be arrested when you appear in court based on the order by magistrate.
Answer #2
566 votes
Once the matter comes to trial in the Court, you have to obtain regular bail. On the first appearance itself You should prepare for a surety with property documents. You have to engage an advocate to prepare bail application and surety documents/ affidavits.
Answer #3
668 votes
No... They are not take custody..! be couse Already you got antispatary bail and even your advocate also intimate.. Don't worry it's manditaory in trail..your advocate will take care of that..compulsory u have to take regular bail..

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