Calcutta High Court (Appellete Side)
14972/2013 on 3 December, 2013
Author: Aniruddha Bose
Bench: Aniruddha Bose
C.R.M. 14972 OF 2013
03.12.2013
KC
Sl. No.19
ALLOWED In Re: Bapi @ Bappa Saha. - Petitioner.
Mr. Milon Mukherjee,
Mr. Pravas Bhattacharya. - for the petitioner.
Mr. Saibal Bapuli,
Mr. Soumik Ganguly. - for the State
Re: Application under section 438 of the Code of Criminal Procedure filed on
12.11.2013 in connection with Siliguri P.S. Case No. 860/13 dated 14.09.2013
under Sections 143/353/332/293/323/109 of the Indian Penal Code, read with
Section 63 of the Copy Right Act, read with Section 7(1)(c) of the
Cinematography Act, read with Section 6 of the Indecent Representation of
Women (Prohibition) Act and also under Section 3 of Young Persons (Harmful
Publications) Act.
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Heard the learned counsel for the petitioner and the State. We have considered the case diary.
Learned counsel for the petitioner has brought our attention to the fact that owner of the concerned shop involved in the alleged offence has already been granted bail under Section 438 of the Code of Criminal Procedure by the learned Sessions Judge, Darjeeling. The position of the petitioner is not worse than that of the said owner. On the basis of available materials, we are of opinion that custodial interrogation of the petitioner would not be necessary. Accordingly, we direct that in the event of arrest in connection with Siliguri P.S. Case no. 860 of 2013 dated 14.09.2013, the petitioner shall be released on bail upon furnishing bond of Rs.5,000/- with two sureties of Rs.2500/- each of the like sum to the satisfaction of the Arresting Officer or Court concerned, as the case may be.
This order shall be subject to the conditions laid down in sub-section (2) of section 438 of the Code of Criminal Procedure.
The application for anticipatory bail is, thus, allowed.
(Aniruddha Bose, J.) (Shib Sadhan Sadhu, J.)