Calcutta High Court (Appellete Side)
Of The Mines And Minerals (Development ... vs Allowed on 12 December, 2019
1 12.12.2019
tkm/ct 28 C.R.M. 7911 of 2019 sl no. 50
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 28.8.2019 in connection with Md. Bazar P.S. Case No. 213/2019 dated 30.7.2019 under sections 379/411/413/414/120B of the IPC read with section 21 of the Mines and Minerals (Development and Regulation) Act And Allowed In Re : Madan Mohan Mondal ...... petitioner Mr. S. K. Dan Mr. T. P. Acharyya Mr. Suman De ...... for the petitioner Mr. S. G. Mukherjee, ld PP Ms. S Santra ...... for the State It is submitted on behalf of the petitioner that that he has paid the additional royalty.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner has criminal antecedents and is involved in similar cases.
Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the petitioner has paid additional royalty, we are of the opinion though custodial interrogation of the petitioner is not necessary, movement of the petitioner requires to be restricted in order to prevent commission of similar offences.
Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like 2 amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner while on bail shall not enter the jurisdiction of Md. Bazar P.S. except for the purpose of investigation and attending court proceeding and shall report to the concerned officer in charge within whose jurisdiction he shall reside while on bail once in a week until further orders and shall provide the address where he shall presently reside to the investigating officer as well as court below while on bail and shall appear before the court below and pray for regular bail within four weeks from date.
The application being CRM 7911 of 2019 is disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)