Calcutta High Court (Appellete Side)
12190/2010 on 25 April, 2011
Author: Kalidas Mukherjee
Bench: Kalidas Mukherjee
C. R. M. 12190 of 2010 25.4.2011
Sl.26.
Mr. Sourav Chatterjee
--- for the petitioner.
Mr. R. K. Ghoshal
--- for the State.
In re: Bengal Merlin Infrastructure Ltd. --- petitioner.
This is an application for cancellation of bail under section 439(2) of the Code of Criminal Procedure against the order dated 22.7.2010 passed by learned Sessions Judge, Howrah in Criminal Misc. Case No. 692 of 2010.
Mr. Ghoshal, learned advocate, appears on behalf of the State and produces the C.D. None appears on behalf of the accused opposite party no. 2 though the notice was served upon him.
It is the contention of the learned counsel appearing for the petitioner that after the accused opposite party no. 2 herein was granted anticipatory bail by the learned Sessions Judge, Howrah he has been threatening the employees and officers of the petitioner- company and the illegal acts of opposite party no. 2 was communicated to the Officer-in-Charge of Domjur P. S. by a letter dated 27.7.2010 and G.D. Entry bearing No. 2485 dated 30.7.10 was made. On the previous occasion a report was called for and the I.O. has submitted a report wherefrom it appears that the accused- petitioner several times threatened the complainant by using filthy language and he is very dangerous and desperate in nature for which there is every chance of serious breach of peace in the locality.
Mr. Ghoshal submits that for this act of the accused a separate proceeding under section 107 Cr.P.C. was started.
2Having heard learned counsel appearing for the parties and on perusal of the report submitted by the I.O. I find that there are reasonable grounds for believing that the accused opposite party no.2 has been misusing the liberty of anticipatory bail granted to him. Accordingly, the anticipatory bail granted by the learned Sessions Judge to the accused opposite party no. 2 herein in Misc. Case No. 692 of 2010 hereby stands cancelled.
The accused opposite party no. 2 is hereby directed to surrender before the learned Magistrate immediately.
This application is, thus, disposed of.
Urgent certified photostat copy of this order, if applied for, be supplied immediately.
(Kalidas Mukherjee, J.) rnr.