Eya Amin Mondal And Others v. State Of West Bengal And ORS.

23-03-2022 ct no. 13 Sl. 11 sp WPA 555 of 2022 (Through Video Conference) Eya Amin Mondal & Ors.

-VersusThe State of West Bengal & Ors.

Mr. Uday Sankar Chattopadhyay, Mr. Suman Sankar Chattopadhyay, Mr. Shantanu Majhi, Mr. Sayan Chattopadhyay, Mr. S. Bhattachary ....for the petitioners Mr. A. Ray, ld. G.P., Mr. Raja Saha, Mr. Debasish Ghosh ...for the State/respondents Mr. Sukanta Das ...for the respondent nos. 6 to 8 The petitioners are accused in a charge sheet under Section 302 of the IPC. They had obtained anticipatory bail. The bail conditions were relaxed to enable them to enter the jurisdiction of Shashon Police Station to report to the Officer-in-Charge there. Since the charge sheet has already been submitted, the likelihood of the petitioners tampering with the evidence is not there.

However, counsel for the State submits that in view of the charge sheet against the petitioners, there is a likelihood of social disturbance in case the petitioners return. The Superintendent of

Police, North 24 Parganas, Barasat shall assess whether the presence of the petitioners, in any way, is likely to create any law and order situation in the area where the petitioners' reside.

Upon such assessment, and if it is found that the police are otherwise able to deal with the same, the Superintendent of Police, North 24 Parganas, Barasat shall take a suitable decision and provide appropriate police protection to the petitioners to return to their village.

Let a decision be taken by the S.P., North 24 Parganas, Barasat within a period of two weeks from the date of receipt of a copy of this order. With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)