Calcutta High Court (Appellete Side)
Of Pocso Act vs Re: Santu @ Robiul Islam on 10 August, 2018
1 August 10, 2018 76 ARDR (Allowed) CRM No. 5903 of 2018 In Re: An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 30/07/2018 in connection with Chanchal Police Station Case No. 217/2018 dated 25/04/2018 registered for investigation into offences punishable under Sections 448/323/325/34 of the Indian Penal Code, 1960 read with Section 8 of POCSO Act.
And Re: Santu @ Robiul Islam, ... Petitioner Mr. Mujib Ali Naskar, Mr. Hillol Saha Poddar, Mr. Zamiul Alam, ... for the petitioner Mr. Ayan Basu, Mr. Goutam Banerjee, ..for the State The petitioner seeks anticipatory bail in connection with Chanchal Police Station Case No. 217/2018 dated 25/04/2018 registered for investigation into offences punishable under Sections 448/323/325/34 of the Indian Penal Code, 1960 read with Section 8 of POCSO Act.
The petitioner claims that several others standing on the same footing, have been granted anticipatory bail. The State produces the Case Diary and says that the statements have been given by school children that these petitioners misbehaved with them.
1 2 Considering the nature of the charges, the petitioners may be granted anticipatory bail as long as they do not enter the jurisdiction of the Chanchal Police Station.
Accordingly, in the event of arrest, the petitioner will be granted bail upon furnishing security of Rs.10,000/- (Rupees ten thousand only) with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of whom must be local, to the satisfaction of the learned Arresting Officer, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer. This order is subject to the further condition that the petitioner will not enter any place within the Chanchal Police Station till completion of the investigation.
The petition for anticipatory bail is allowed subject to the conditions as indicated above.
A certified copy of this order be immediately made available to the petitioner subject to compliance with all requisite formalities. (Moushumi Bhattacharya, J.) (Sanjib Banerjee, J.) 2