Calcutta High Court (Appellete Side)
Amit Kiran Mitra vs Unknown on 11 August, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 11.08.2015
pk CRM No. 7259 of 2015 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.08.15 in connection with Lake P.S. Case No. 256/15 dated 12.7.15 under Sections 332/34 of the Indian Penal Code and Sections 128/177 of the Motor Vehicle Act.
And In the matter of:- Amit Kiran Mitra Petitioner Mr. Ramdulal Manna, Mr. Arabinda Roychowdhury for the petitioner Mr. Aninda Sundar Chatterjee for the State The petitioner, apprehending arrest in connection with Lake P.S. Case No. 256/15 dated 12.7.15 under Sections 332/34 of the Indian Penal Code and Sections 128/177 of the Motor Vehicle Act has come to this court for anticipatory bail. Heard the learned counsel appearing on behalf of the parties. Perused the case diary.
It is the case of the prosecution that on July 12, 2015 at around 19.45 hours one two wheeler was asked to stop by the Additional O.C., Jadavpur Traffic Guard in front of South City Mall at Prince Anwar Saha Road as it was found that the pillion rider was not wearing his helmet. But, the persons, who were in the motorcycle instead of stopping there tried to flee away by 2 knocking down the said police officer thereby causing severe bodily injuries on his person. Thereafter on a hot chase, other members of the police team intercepted the motorcycle, but one of them managed to flee away while the other was apprehended. The person, who fled away, is now before us for anticipatory bail. Having regard to the nature of the allegation and the materials collected in support of the same and this being a case where police officers were not only obstructed in performing their public duty and to maintain law and order, the petitioner and another knocked him down with their vehicle and caused injuries to him, in our opinion, this is not a fit case for anticipatory bail, accordingly the application is rejected. Let a photostat plain copy of this order duly counter-signed by the Assistant Registrar (Court) be handed over to the learned counsel for the State for onward communication to the concerned police station.
(Ashim Kumar Roy, J.) (Md. Mumtaz Khan, J.)