Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail vs Md. Shukrullah & Ors on 8 September, 2010
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
1 ar CRM 12156 of 2010 08.09.10 209 In the matter of : An application for Anticipatory Bail Under Section 438 of the Code of Criminal Procedure filed on August 10, 2010.
And In the matter of : Md. Shukrullah & Ors.
Mr. Pradip Ray ... For the petitioners Mr. A.J. Sengupta ... For the State This is an application under Section 438 of the Code of Criminal Procedure on behalf of the petitioners who apprehend arrest in connection with Bhadreswar P.S Case No. 132 of 2010 dated 04.08.2010 under Sections 147/148/325/379/506 of the Indian Penal Code.
We have heard the submissions of the learned advocates for the petitioners and the State. We have perused the materials produced before us in the case diary and we are of the considered view that this is a fit case for admitting the petitioners with an order under Section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest the petitioners would be admitted on bail on furnishing of sufficient sureties on the following conditions that:
(i) the petitioners would make themselves available for interrogation by the Investigating Agency as and when required ;
(ii) no direct or indirect threat or any inducement would be made to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(iii) the petitioners must submit to the jurisdiction of the Regular Court within a period four weeks.
It is abundantly made clear that our order for grant of anticipatory bail must not preclude the learned Magistrate from considering the prayer for regular bail on their surrender, 2 on the material available to him as on that date.
The application for anticipatory bail is, thus disposed of.
(Ashim Kumar Banerjee, J.) (Raghunath Ray, J.)