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Calcutta High CourtCRM (A)/4195/2022dismissed as rejected

Madan Manna @ Madan Chandra Manna And ORS v. State Of West Bengal

2022-09-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4195 of 2022 06.09.2022 Sl.12 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Debra Police Station Case No.262 of 2022 dated 23/05/2022 under Sections 323/307/354B/506/420 & 34 of the Indian Penal Code, 1860. And In the matter of: Madan Manna @ Madan Chandra Manna & Ors.

....petitioners.

Mr. Siddhartha Sarkar ...for the petitioners.

Mr. P.K. Datta, Ld. APP Mr. Subrato Roy ...for the State.

Mr. Ivam. Roy Mr. Partha Sarathi Das ... for the de facto complainant.

Petitioners pray for anticipatory bail.

There are materials in the case diary implicating all the petitioners in the incident.

That apart, the petitioners applied for anticipatory bail before the District Court prior to the applying before this Hon'ble Court. The petitioners suppressed such material fact before this Court. In such circumstances, it would be appropriate to reject the prayer for anticipatory bail of the petitioners. The requirement of custodial interrogation of the petitioners cannot be overlooked. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 4195 of 2022 is dismissed.

In view of the petitioners suppressing material facts in order to obtain an order from this Court, it would be appropriate to put the petitioners on terms.

Each of the petitioners will pay costs assessed at Rs.10,000/- (Rupees Ten Thousand Only) to the West Bengal Legal Services

C.R.M. (A) 4195 of 2022 Authority within seven days from date.

In default, the District Magistrate, Paschim Midnapore, will take steps for the purpose of recovery of such costs from the petitioners' arrears from the land revenues.

Learned Advocate appearing for the State will communicate this order to the District Magistrate, Paschim Midnapore, for compliance.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)