Madhai Karmakar And ORS v. State Of West Bengal

09.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5117 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 908 of 2022 dated 12.10.2022 under Sections 341/325/326/307/506/34 of the Indian Penal Code, 1860.

And In Re : Madhai Karmakar & Ors.

...... petitioners Mr. Manas Kumar Das ....for the petitioners Mr. Priyankar Ganguly Ms. Shalini Bairagi ....for the de-facto complainant Mr. Debabrata Chatterjee Mr. Santanu Chatterjee ....for the State The injury report of the victim does not suggest that there is any grievous hurt.

Apparently, the dispute arose due to altercation with regard to drainage pipeline.

State and the de-facto complainant are represented. In such circumstances, we 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/- 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 (Madhai Karmakar) and 2 (Dinesh Karmakar) shall meet the Investigating Officer once a month till the conclusion of the investigation and petitioner no. 3 (Sampa Karmakar) shall cooperate with the Investigating Officer till the conclusion of the investigation and on 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)