Calcutta High Court (Appellete Side)
K.R. Ashok Kumar & Ors vs Unknown on 22 February, 2021
6 22.02.2021 CRM 35 of 2021 Dd/aloke (Through Video Conference) In the matter of: K.R. Ashok Kumar & Ors. .....Appellants Mr. Sandipan Ganguly, ld. Sr. Adv.
Mr. Sabyasachi Banerjee, Adv.
Mr. Anirban Dutta, Adv.
Mr. Debabrata Das, Adv.
Mr. Pradyut Kr. Das, Adv.
... For the Appellants Mr. Ranabir Roychowdhury, Adv.
Mr. Rudradipta Nandy, Adv.
... ...For the State Mr. Sourav Chatterjee, Adv.
Mr. Soumya Nag, Adv.
... ... For the De-facto complainant We have heard learned counsel for the appellants, de facto complainant and State.
Keeping aside all other issues which are sought to be raised, we notice that, at this stage, what the petitioners face is a notice under Section 41A of the Code of Criminal Procedure. That being so, the grant of any order of anticipatory bail as sought for can stand deferred for consideration for the time being enabling the petitioners to comply with their responsibility to respond to the notice under Section 41A Cr.P.C. Obviously, the petitioners will be entitled to plead before the police officer concerned, as to whether or not the issuance of notice itself was appropriate or warranted in the facts and circumstances of this case. We make these observations only to pave way for the petitioners to place all their response while appearing before the police officer in answer to the notice under Section 41A Cr.P.C. We record the submission of learned counsel for the 2 petitioners that having regard to the restrictions in travel imposed by the State of Karnataka and for other reasons connected with the management of COVID-19 related issues, the police officer concerned may consider the further proceedings following the notice through video conferencing and such other mode thereby enabling the petitioners to be excused from being personally present before the police officer concerned in Kolkata in response to the notice under Section 41A Cr.P.C. While stating so, we leave it open to the wisdom of the police officer concerned to consider any such request, in accordance with law.
Awaiting a report from the police officer who issued the notice under Section 41A Cr.P.C., we direct that the petitioners shall not be arrested for the time being, for a period of three weeks within which time the proposed further action under Section 41A Cr.P.C. may be carried forward by the police officer concerned. The police officer concerned shall place a report before this Court on or before the next date of hearing.
Let the matter be posted on 15.03.2021.
[Thottathil B. Radhakrishnan, C.J] [Arijit Banerjee, J.]