Tenis Mahato v. State Of West Bengal

15.09.2020

(44) KC C.R.M. 6534 of 2020 With CRAN 1 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Koshipur Police Station Case No. 98 of 2020 dated 14.05.2020 under Sections 153A/504/505/120B of the Indian Penal Code.

In the Matter of : Tenis Mahato .... petitioner.

Mr. Ravi Ranjan Kumar.......................For the petitioner. Mr. Saibal Bapuli, Ms. Sayanti Santra................................For the State. The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The matter pertains to a post appearing in the petitioner's facebook account. The petitioner says that the petitioner did not coin the offensive sentence, but it was merely received in the petitioner's account.

Considering the nature of the statement and the petitioner's involvement, the petitioner need not be arrested immediately. The petitioner, however, must comply with the notice issued under Section 41A of the Code and report to the investigating officer.

In the event the petitioner is arrested, he will be enlarged on bail upon furnishing security of Rs. 10,000/- (Ten Thousand) with two sureties of equal amount, one of whom

must be local, to the satisfaction of the arresting officer. The petitioner shall also abide by the conditions laid down in Section 438(2) of the Code.

CRM 6534 of 2020 and the interim application therein are disposed of.

(SANJIB BANERJEE, J.) (ANIRUDDHA ROY, J.)