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[Cites 9, Cited by 0]

Calcutta High Court (Appellete Side)

6427/2012 on 25 April, 2012

Author: Tapen Sen

Bench: Tapen Sen

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25.4.12

r.c.

C.R.M. No 6427 OF 2012 In Re: Akbar Mondal & Ors ....Petitioners Re: An application under Section 438 of the Cr.P.C. filed on 16/04/2012 in connection with Thanapara P.S. Case No. 54/10 dated 08.07.2010 under section 147/148/186/333/383/307 of the Indian Penal Code and under Section 3 of the Prevention of Damage to Public Property Act.

=-=-=-=-=-=-=-=-=-=-=-= Mr.Aloke Kumar Mitra Mr. Kollol Kumar Basu Mr.Arijeet Pyne Ms.Tanumita Bhattacharya ...for Petitioners Mr.Asraf Ali ...for State In the facts and circumstances of this case and having heard the submissions of the learned advocate for the petitioners and the learned advocate for the State, and having perused the materials produced before us in the case diary, we are of the considered view that it is a fit case for granting an Order under 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 a Bond of Rs, 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the arresting authority and also, 2 subject to the terms and conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973 with a further condition that the Petitioners shall mark attendance before the concerned Police Station once every fortnight and shall not leave station without prior permission of the learned Trial Court who shall be free to impose such condition or conditions as he may deem fit and proper in the event he is of the opinion that such permission should be granted.

This application is, thus, disposed of.

( Tapen Sen, J. ) (Dipak Saha Ray, J.) 3