Calcutta High CourtCRM(A)/1/2023disposed

Shri Anand K. v. The State

2023-03-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

29.03.2023 Serial no. 01 [Dd] (Anticipatory bail) Allowed) Calcutta High Court In The Circuit Bench at Port Blair Andaman & Nicobar Islands Appellate Side CRM (A) 1 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Police Station Aberdeen, Port Blair, South Andaman District FIR No. 57 of 2023 dated 03.03.2023 under Sections 306 and 34 of the IPC, 1860.

-AndIn the matter of : Shri. Anand. K ... ... Petitioner Md. Tabraiz, Mr. Rakesh Pal Gobind, Mr. Parashar Baidya, Advocates ... ... For the Petitioner Mr. Salim Mohammad, Advocate ... ...For the Administration The petitioner is an advocate by profession. Apparently, two of his clients committed suicide. Apparently, they left behind suicide note suggesting that they paid the requisite fees charged by the petitioner.

Issue as to whether the petitioner was directly involved in abetting the suicide or not, is an issue which needs to be decided at the trial, if so raised.

At this stage, we do not find any need for custodial interrogation of the petitioner who was discharging his duties in his professional capacity as an advocate.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 shall report before the Investigating Officer as and when called for till the conclusion of the investigation and on further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1 of 2023 is disposed of.

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