Calcutta High Court (Appellete Side)
5773/2012 on 4 April, 2012
Author: Kalyan Jyoti Sengupta
Bench: Kalyan Jyoti Sengupta
1 04.12 m CRM No. 5773 of 2012 In Re: Smt. Rajkumari Chowdhury & Anr.
Petitioners Re: An application under section 438 of the Code of Criminal Procedure filed on 02.04.2012 in connection with Uluberia P.S. Case No. 1404 of 2011 dated 08.12.2011 under sections 143/149/153A/295A/120B/186/332/333/353/379/380/427/436/506 of the Indian Penal Code.
Mr. Ashok Das For the Petitioners
Mr. Arun Halder For the State
We have heard the submission of the learned Advocate for the petitioners and the learned Advocate for the State. Considering the materials produced before us in the case diary, we are inclined to allow the prayer of the petitioners in respect of section 438 of the Code of Criminal Procedure.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of equivalent amount respectively to the satisfaction of the arresting officer on the conditions that :
(i) the petitioner No. 2, Bapi Chowdhury, shall meet the Investigating Officer of this case thrice in a week until further orders and the petitioner No.1, Smt. Rajkumari Chowdhury, shall make herself available for interrogation by the Investigating Officer as and when required, until further orders;
(ii) the petitioner No.1 shall not enter within the jurisdiction of Uluberia P.S. until further orders and the petitioner No.2 also shall not enter within the jurisdiction of Uluberia P.S., except for reporting purpose, until further orders;
(iii) the petitioners shall not directly or indirectly make any threat or any inducement 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;1 2
(iv) the petitioners shall not leave India without the previous permission of the Court.
The application is, thus, disposed of.
(Kalyan Jyoti Sengupta, J) (Joymalya Bagchi, J) 2