Calcutta High Court (Appellete Side)
4715/2013 on 30 April, 2013
Author: Indira Banerjee
Bench: Indira Banerjee
1 C.R.M. 4715 OF 2013 In Re: Sabir Sk. . . . . . .Petitioner Re: An application under Section 438 of the Code of Criminal Procedure filed on 26th March, 2013 in connection with Nawadwip Police Station Case No.26/2013 dated 16-01-2013 under Sections 363/365/344/376/379/506 of the Indian Penal Code.
Mr. Prabir Majumdar.. . . .For the petitioner. Mr. Madhusudan Sur. .. . . .For the State.
We have heard the submissions of the learned Advocate appearing for the petitioner and the learned Advocate for the State. Having regard to the materials in the case diary, produced before us, and in particular the statements of the victim under Section 164 of the Criminal Procedure Code, we are of the view that custodial interrogation of the petitioner is not necessary. There is also no apprehension of her absconding. We are, therefore, inclined to allow the prayer of the petitioners under Section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.5,000/- with one surety of like amount to the satisfaction of the concerned Court and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
This application for anticipatory bail is, thus disposed of.
( INDIRA BANERJEE,J.) (KANCHAN CHAKRABORTY,J.)