Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Akbar Ali Khan on 27 August, 2010
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
1 27.8.2010
sl.no.226 CRM 13003 of 2010 In the matter of: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on August 23, 2010.
And In the matter of: Akbar Ali Khan......petitioner Mrs. Pronoti Goswami...for petitioner Ms. Bhaswati Pal...for State This is an application under Section 438 of the Code of Criminal Procedure on behalf of the petitioner who apprehends arrest in connection with Arambag Police Station Case no. 314 of 2009 dated 12.11.2009 under Sections 447/323/341/379/504/376/511/34 of the Indian Penal Code.
We have heard the submissions of the learned Advocates for the petitioner 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 petitioner with an order under Section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest the petitioner would be admitted on bail on furnishing of sufficient sureties on the following conditions that:
(i) the petitioner would make himself available for interrogation by the Investigating Agency as and when required;2
(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 petitioner must submit to the jurisdiction of the Regular Court within a period of three 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 his surrender, 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.)