Orissa High Court
Tulu @ Tutu @ Abhijit Senapati vs State Of Odisha ..... Opposite Party on 5 November, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.12059 of 2024
Tulu @ Tutu @ Abhijit Senapati ..... Petitioner
Represented By Adv. -
Mr. Debasis Sahoo
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Smt. Siva Mohaty, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
05.11.2024 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).
2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party.
3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Nandipada P.S. Case No.56 of 2007, corresponding to G.R. Case No.264 of 2007, pending in the court of learned J.M.F.C., Hatadihi, for alleged commission of offences punishable under Sections 147/148/341/337/307/506/294/436/353/323/332/149 of LP.C. read with Section 4 of PDPP Act and Section 7 of Criminal Law Amendment Act.
Page 1 of 3.4. It is stated by the learned counsel for the Petitioner that some of the co-accused persons have been enlarged on bail by this Court in ABLAPL No.15353 of 2016 as well as ABLAPL No.16524 of 2016. He further contended that since lot of people are involved and the present case arise out of a mob attacking the police while protesting against an illegal conduct of human sacrifice. He further submitted that all the Petitioner belongings to the locality, therefore, there is no chance of his absconding. He further submitted that the implication of the Petitioner was not within his knowledge and that he has falsely implicated in the present case, as he belongs to the locality.
5. Taking into consideration the seriousness and gravity of the allegation as well as the fact that some of the co-accused persons have been released on bail, this Court directs that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of three weeks from today and moves an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case. The release of the Petitioner shall also be subject to such other terms and conditions that would be imposed by the Court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.
6. Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.1,000/- (Rupees one Page 2 of 3. thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.
7. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( Aditya Kumar Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 07-Nov-2024 15:55:06 Page 3 of 3.