Prakash Chandra Roy v. The State (Ut Of A And N Islands) And ANR

D/L1 08.05.2023 Bpg.

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT PORT BLAIR

APPELLATE SIDE C.R.M. (SB) 8 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Kadamtala Police Station Case No.11 of 2023 dated 06.03.2023 under Sections 11/12 of the Protection of Children of Sexual Offences Act, 2012;

Prakash Chandra Roy

Versus

The State (U.T. of A&N Islands) and another Mr. Deep Chaim Kabir, Mr. S. Ajith Prasad, Mr. Mazahar Hossain Chowdhury.

...for the petitioner.

Ms. A. S. Zinu.

...for the State.

Affidavit-of-service so filed be kept with the record. Mr. Kabir, learned advocate appearing for the petitioner submits that the petitioner is in custody for about 60 days and the investigation has already been completed. Learned advocate further emphasises on the factum of the contents of the FIR and the requirement of the petitioner in custody having regard to the fact that the allegations are under Sections 11 and 12 of the Protection of Children from Sexual Offences Act.

Learned advocate for the State opposes the prayer for bail and submits that, by taking advantage of the financial condition of

the victim, the petitioner who is aged about 59 years tried to sexually exploit her. It has been submitted that the statement under Section 164 of the Code of Criminal Procedure implicates the petitioner and the contents therein satisfy the sexual intent as has been provided under the explanation to Section 11 of the Protection of Children from Sexual Offences Act.

I have considered the submissions advanced by the learned advocates appearing for the petitioner as well as the State. Having regard to the fact that the investigation has already concluded and the completion of trial may take some more time, I direct that the petitioner, namely, Prakash Chandra Roy shall be released on bail subject to the following conditions: (i) The petitioner shall furnish bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of learned Special Court/Duty Magistrate, N & M Andaman, Mayabunder.

(ii) If on bail, the petitioner shall stay outside the jurisdiction of Kadamtala Police Station and shall enter the jurisdiction only for the limited purpose of attending the court on the date so fixed.

(iii) The petitioner shall inform his place of residence to the Inspector-in-Charge, Kadamtala Police Station and shall meet with the Inspector-in-Charge, Kadamtala Police Station once in a week till further orders. Accordingly, CRM (SB) 8 of 2023 is allowed.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)