K.Ellangovan v. The State (U.T. Of Andaman And Nicobar Islands)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR] *** CRM No.14/2021 K. Ellangovan ... Petitioner Vs.

The State ( U.T of Andaman and Nicobar Islands] ... Respondent Mr. D.C.Kabir, Advocate Mr. Ajith Prasad, Advocate .. .for the petitioner Mr. Sumit Karmakar, Advocate .. for the State November 18, 2021 [GNC] Sl.No.1 Anticipatory bail is sought inter alia on the ground that the proceedings instituted against the petitioner are in the nature of a personal vendetta by the Director General of Police, Andaman and Nicobar Police Force.

It is submitted that there were other FIRs registered against him in which he has obtained bail. In the subject FIR being No.034 of 2021 of Central Crime Station dated 6th October, 2021, it is alleged that the petitioner was responsible for fabricating and for foisting a false case on one Dinesh in the year 2018. The FIR was registered on the basis of the alleged complaint made by the wife of the accused (since deceased) in October, 2020. A discreet inquiry is stated to have been conducted based on which an FIR has been registered. It is submitted that a notice under section 41A was served on the petitioner both at Tamil Nadu and his temporary residence at Bambooflat in South Andaman on 10th November, 2021.

The prayer for anticipatory bail is opposed on the ground that the petitioner has been absconding. This Court is conscious of the dicta of the Supreme Court that a person absconding is normally not entitled to the remedy of bail. However, since notice under section 41A was issued only on 10th November, 2021, the petitioner cannot be treated as absconding.

Given the fact that the events relating to the offence alleged against the petitioner have admittedly occurred in the year 2018, and the FIR has been registered in October, 2021, the petitioner is entitled to anticipatory bail. The petitioner is

stated to be in Chennai in Tamil Nadu. He shall be available for responding to section 41A notice within the next 48 hours. Upon arrest, if any the petitioner shall be released on bail on the following conditions:

The petitioner shall not leave the islands without prior permission of the learned Chief Judicial Magistrate. He shall not interfere with the investigation and he shall meet the Investigating Officer as and when required.

The petitioner shall surrender his passport before the learned Chief Judicial Magistrate, Port Blair and shall not visit Neil Island or the area and or vicinity where the offence state to have occurred without the prior permission of the learned Chief Judicial Magistrate. The petitioner shall be released on payment of sum of Rs.20000/- with two sureties of like amount each. The terms and conditions of Section 438 (2) of the Cr.P.C shall also be condition precedent for bail. It is made absolutely clear that in default of any of the aforesaid conditions, the bail shall stand cancelled. The fulfillment or otherwise of aforesaid conditions shall be to the satisfaction of the learned Chief Judicial Magistrate.

(Rajasekhar Mantha, J. ) (Amrita Sinha, J. )