Subasis Parida @ Filu Parida @ Tofan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2978 of 2022 1.

Subasis Parida @ Filu Parida @ Tofan 2.

Brahmachari Parida @ Amar 3.

Bhikari Parida 4.

Tulasi Parida 5.

Pramila Parida 6.

Bijayalaxmi Parida @ Gandu 7.

Pramila Parida 8.

Bihari Parida 9.

Balaram Parida

10. Dharmendra Parida @ Bharata

11. Srihari Parida

12. Asanti Parida ....

Petitioners Ms. Anita Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

20.04.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned counsel for the State.

// 2 // This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Khandapada P.S. Case No.39 of 2022 corresponding to G.R. Case No.38 of 2022 pending in the Court of learned J.M.F.C., Khandapada for alleged commission of offences under sections 294, 323, 324, 341, 379, 354, 325, 506/34 of the Indian Penal Code. Learned counsel for the State on instruction submitted that except petitioner no.7 Pramila Parida, all other petitioners have been served with notices as contemplated under section 41A of Cr.P.C. and they have complied with the terms of the notices and therefore, there is no apprehension of arrest of the petitioners except petitioner no.7 in connection with this case.

Considering the submission made by the learned counsel for the petitioners that it is a case and counter case and petitioner no.7 is a lady and keeping in view the proviso to section 437(1) of Cr.P.C. and the fact that the offences are triable by Magistrate, I am inclined to release petitioner no.7 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself

// 3 // available for interrogation by the I.O. as and when required and she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo