Anticipatory bail for offence under Section 337 IPC

[Anonymous]

Our shop has an air conditioner (AC) installed in a window. Few days back, the AC fell down and one vegetable vendor who always stands near the wall of shop got hurt due to this. He did not receive serious injuries but still he filed a case under Section 337 of the IPC against me. Actually he always stands just near my shop in an unauthorized manner, since he does not have a licence to stand like this on the road, which passes near my shop. What should I do? Should I get anticipatory bail from court? If yes, from which court? Also, should I file for quashing of the case? If yes, in which court?

[Dr. Ashok Dhamija]

Let me point out that the offence under Section 337 IPC is a bailable offence wherein bail is a matter of right under Section 436 of the Cr.P.C.

Anticipatory bail can be granted only in a non-bailable offence, and Section 337 IPC is not a non-bailable offence where you would need the anticipatory bail.

So, there is no need to worry for anticipatory bail, since being a bailable offence the police will grant you bail after arrest in this case, if at all they decide to arrest you.

For more information, please also see: Where and how can I file anticipatory bail application?

The case against you under Section 337 IPC appears to be a weak case in view of the facts of your case. If you want to file application for quashing of the case (though generally the courts do not agree to quash a case in the initial stage itself), then you’ll have to approach the high court of your state under Section 482 Cr.P.C. Engage a local lawyer for this purpose.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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