Calcutta High Court (Appellete Side)
498A/376/120B Of The Ipc vs Allowed on 19 September, 2019
1 19.09.2019
tkm/ct 28 C.R.M. 8895 of 2019 sl no. 209
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 18.9.2019 in connection with Hariharpara P.S. case no. 279 of 2019 dated 18.6.2019 under sections 498A/376/120B of the IPC And Allowed In Re : Saijuddin Sk. @ Sekh & Anr. ...... petitioners Mr. J. I. Hossain ...... for the petitioners Mr. Goutam Banerjee ...... for the State Heard the learned advocates appearing for the respective parties.
It is submitted on behalf of the petitioners that the de facto complainant-wife is harassing them by instituting a series of false cases.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners violated the de facto complainant-wife after being released on bail in the earlier case.
Learned lawyer for the de facto complainant also opposes the prayer for anticipatory bail.
Having considered materials on record and bearing in mind the nature of allegations in the light of the submission that there is possibility of false implication in view of the pre-existing enmity between the parties, we are of the opinion though custodial 2 interrogation of the petitioners may not be necessary, movements of the petitioners require to be restricted in order to prevent the recurrence of similar situation.
Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners while on bail shall not enter the jurisdiction of Hariharpara P.S until further orders except for the purpose of investigation and attending court proceedings and shall report to the concerned officer in charge within whose jurisdiction he shall reside while on bail once in a week until further orders and shall provide the address where they shall reside to the investigating officer as well as court below while on bail and shall appear before the court below and pray for regular bail within four week from date.
The application being CRM 8895 of 2019 is disposed of. (Jay Sengupta, J.) (Joymalya Bagchi, J.)