Calcutta High Court (Appellete Side)An Application For Anticipatory Bail vs Ranjit Sarkar & Ors on 15 December, 2010Author:Ashim Kumar BanerjeeBench:Ashim Kumar Banerjee1CRM 16416 of 2010
ar
     15.12.10
                         In the matter of : An application for Anticipatory Bail
       330               UnderSection 438of the Code of Criminal Procedure
                         filed on November 19, 2010.And

                         In the matter of : Ranjit Sarkar & Ors.Mrs. Karabi Roy
                                                ... For the petitioners
                                  Ms. Parul Banerjee
                                                   ... For the State



                         This is an application underSection 438of the Code of Criminal Procedure on behalf
                of the petitioners who apprehend arrest in connection with Kaliganj P.S Case No. 258 of 2010
                dated 16.5.2010 underSections 427/448/354/506/379/34of the Indian Penal Code.We have heard the submissions of the learned advocates for the petitioners and the
                State. We have perused the materials produced before us in the case diary and we are of the
                considered view that this is a fit case for admitting the petitioners with an order underSection
                438of the Code of Criminal Procedure.Accordingly, we direct that in the event of arrest the petitioners would be admitted on
                bail on furnishing of sufficient sureties on the following conditions that:(i)         the petitioners would make themselves available for interrogation by the
                            Investigating Agency as and when required ;(ii)        no direct or indirect threat or any inducement would be made 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;(iii)       the petitioners must submit to the jurisdiction of the Regular Court within a period
                            four weeks.It is abundantly made clear that our order for grant of anticipatory bail must not
                preclude the learned Magistrate from considering the prayer for regular bail on their surrender,2on the material available to him as on that date.The application for anticipatory bail is, thus disposed of.(Ashim Kumar Banerjee, J.)


                                              (Raghunath Ray, J.)