Shish Mahammad v. The State Of West Bengal And ANR

08.08.2024 Sl No.11 Court No.29 TN CRM (A) 2716 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pukhuria Police Station Case No.186 of 2016 dated 01.06.2016 under Section 8 of the POCSO Act. And In the matter of : Shish Mahammad .... petitioner Mr. Arup Kumar Bhowmick ....for the petitioner Mr. Iqbal Kabir, Ms. Trisha Rakshit ....for the State

1. The petitioner is absconding since 1st June, 2016. It is surprising that the Investigating Officer did not take appropriate steps for proclamation attachment.

2. The learned counsel for the State has produced the notice issued by the jurisdictional court under Section 82 of the Code of Criminal Procedure wherefrom it appears that proclamation is made and the accused is an absconder.

3. In view thereof, we are not inclined to grant anticipatory bail to the petitioner.

4. Accordingly, this application for anticipatory bail is rejected. (Soumen Sen, J.) (Uday Kumar, J.)