Yes, it is legally permissible for police to ask for presence of all accused persons, who are being charge sheeted, to remain present in the court at the time of filing of charge sheet. This is generally to enable the court to take cognizance. Though police would generally issue a written advice to remain present in court and take signature as acknowledgement, it is advisable to comply with their oral information also for remaining present in court.
One of the main conditions of the bail bond (whether in regular bail or anticipatory bail) is that the accused will remain present in court, etc., whenever asked to remain present. So, you should remain present in court if asked to do so.
All accused persons are required to remain present in court on the given date(s), unless some accused person has been given exemption from appearance for a specific date or generally exempted by court. If an accused person does not remain present, without exemption being granted, it may lead to a warrant being issued against him.
Usually, copies of charge sheet (along with relevant documents) are provided to the accused persons on the first date in court. The court may also take cognizance on that date. The court may ask for a fresh bail bond, with or without sureties. So, it is better to go with the surety.
I have already explained the risk for absence. The accused may get a warrant issued against him in case of absence in court without exemption being granted.
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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