Kalyanmoy Roy vs Unknown on 4 May, 2017



C.R.M. 3335 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.

In the matter of : 1. Kalyanmoy Roy
2. Purnima Roy
… petitioners
Mr. Soumopriyo Chowdhury
Mr. Surya Prasad Chattopadhyay
…..For the petitioners

Mr. Prasun Dutta
Mr. Suprata Roy
……For the State

Apprehending arrest in course of investigation of Regent Park

Police Station F.I.R. No. 60 of 2017 dated 20th March, 2017 under

Sections 498A/406/5-6/509/34 of the Indian Penal Code, the

petitioners (parents-in-law of the victim) have applied for

anticipatory bail.

Learned advocates representing the parties agree that the

petitioners have responded to the notice issued under Section 41A of

the Code of Criminal Procedure and met the investigating officer.

We have heard learned advocates for the parties and perused

the materials in the case diary and do not find any material to

suggest the direct involvement of the petitioners in the alleged

incident. Having regard to the extent of complicity of the petitioners

as revealed therefrom, we are of the considered opinion that their

custodial interrogation is not necessary for effective and meaningful

progress of investigation of the F.I.R. and that they are entitled to

direction as prayed for in this application.

The application, thus, stands allowed with the direction that

in the event of arrest, the petitioners shall be released on bail upon

furnishing bond of Rs.5,000/- each, with two sureties of like

amount each, one of whom must be local, to the satisfaction of the

arresting officer and also subject to the conditions as laid down in

sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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