C. R. M. No. 2375 of 2019
In Re.: An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 26.02.2019 in connection with
Nanoor Police Station Case No. 207 of 2018 dated 11.10.2018 under
Sections 498A/302/304B/34 of the Indian Penal Code and Sections 3/4
of the Prohibition Act.
In Re: Smt. Sagari Mete @ Sagarika Mete Ors. …….. petitioners
Md. Sabir Ahmed,
Mr. Apan Saha
…for the petitioners
Mr. Saswata Gopal Mukherjee, learned P.P.,
Mr. Aniket Mitra
…. for the State
Liberty is granted to the learned Counsel appearing for the
petitioners to amend the cause title.
It is submitted on behalf of the State that warrant, proclamation
and attachment have been issued against the petitioners and hence the
application for anticipatory bail is not maintainable. We have examined
the materials on record. We find that the statutory pre-requisites for
issuance of the aforesaid processes were not complied with and therefore
the petitioners cannot be non-suited on the basis of issuance of such
It is submitted by the learned Counsel appearing for the petitioners
that they are in-laws of the victim housewife and falsely implicated in the
Learned Counsel appearing for the State opposes the prayer for
anticipatory bail and submits that the petitioners subjected the victim
housewife to torture and consequentially she suffered unnatural death.
Having considered the materials in the case diary disclosing prima
facie involvement of the petitioner nos. 1 and 2, being parents-in-law of
the victim housewife, in the torture of the victim resulting in her
unnatural death, we are not inclined to grant anticipatory bail to them.
Accordingly application for anticipatory bail so far as petitioner nos.
1 and 2 concerned is rejected.
However, keeping in mind the extent of complicity of the petitioners
no. 3 and 4 herein in the alleged crime, we are inclined to grant
anticipatory bail to them.
Accordingly, we direct that in the event of arrest the petitioners no.
3 and 4 shall be released on bail upon furnishing a bond of Rs.10,000/-
each, with two sureties of like amount each, 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 they shall appear before the court below and pray for
regular bail within a period of fortnight from date..
Accordingly application for anticipatory bail so far as petitioners
no. 3 and 4 concerned is allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)