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04.05.2017
rrc
(Allowed)
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
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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.)