Calcutta High Court (Appellete Side)
CRM-10619-2017 on 13 November, 2017
1 13.11.2017 C. R. M. No. 10619 of 2017 ed In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 25.10.2017 in connection with Kulti Police Station Case No. 447 of 2017 dated 14.10.2017 under Sections 341/354A/323/506/354C/354B/376/409/511 of the Indian Penal Code. In Re: Ram Narayan Mudi @ Naru & Anr.
...... petitioners.
Mr. Deep Chaim Kabir Mr. Kunal Ganguly.
... For the Petitioners.
Mr. Madhusudan Sur Mr. Manoranjan Mahata.
... For the State.
Mr. Santanu Chatterjee Mr. Ricky Ray.
... For the Defacto.
It is submitted on behalf of the petitioners that a disciplinary proceeding was pending against the defacto complainant and in retaliation she has implicated the petitioners who are the Secretary and the Head Mistress of the school in the instant criminal case. There is also an inordinate delay in lodging the criminal case.
Learned Counsel appearing for the State opposes the prayer for bail. Learned Counsel for the defacto complainant also opposes the prayer for bail and submits that she had been subjected to sexual harassment at workplace.
Having considered the materials on record, we find that at that time of the alleged incident, disciplinary proceeding was pending against the defacto complainant and there is delay in lodging the First Information Report. In the light of the aforesaid facts, we are of the opinion that custodial interrogation of the petitioners may not be necessary for progress of investigation but keeping in 2 mind the primary role of the petitioner no.1 in the alleged offence, he may be subjected to some conditions.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) each with two sureties of like amount each to the satisfaction of the arresting officer and 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 no.1 shall meet the investigating officer once in a week until further orders.
This application for anticipatory bail is, thus, disposed of. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)