Tamiruddin Kabiraj@Tamir Kabiraj And ORS v. State Of West Bengal
27.02.2023 Serial no. 11 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 833 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Thanarpara Police Station Case No. 22 of 2023 dated 02.02.2023 under Sections 447/323/379/504/34 of the Indian Penal Code.
-AndIn the matter of :Tamiruddin Kabiraj @ Tamir Kabiraj & Ors. ... ... Petitioners Ms. Minoti Gomes, Mr. Asraf Mandal, Advocates ... ... For the Petitioners Mr. Pravas Bhattacharya, Mr. MFA Begg, Advocates ... ...For the State The materials in the case diary do not suggest requirement of custodial interrogation of the petitioners. In such circumstances, we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) 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 the petitioner nos. 1 and 3 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 2 shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear on every date
before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 833 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)