The State v. Archana Kumari @ Archana Dhanakodi And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/60/2025 The State Vs Archana Kumari @ Archana Dhanakodi and Another Mr. Sumit Kumar Karmakar ... for the State Mr. Deep Chaim Kabir, Sr. Adv.

Mr. S. Ajith Prasad ... for the opposite parties November 28, 2025 [AKB] Item No.10 The State has preferred the instant criminal revision under Section 528/438 and 442 BNSS, 2023 read with Article 227 of the Constitution of India, to seek for the relief of cancellation of bail granted to the opposite parties/accused persons, in GR Case No. 934/2024 by the Chief Judicial Magistrate at Port Blair, vide an order dated April 11, 2025. Mr. Sumit Kumar Karmakar, learned Public Prosecutor representing the State has submitted that in view of the nature of offence as alleged against the present opposite parties, under Sections 103/ 3(5)/61(2)/238/248 BNS, the Chief Judicial Magistrate should not have ordinarily granted bail in favour of the said accused persons, the same being non bailable and session's triable serious offence. Hence, legality and propriety of the order passed by the Chief Judicial Magistrate granting bail to the said accused persons, are under challenge in the instant revision.

Mr. Deep Chaim Kabir, learned Senior Counsel, appears for the opposite parties. He submits that the opposite

parties/accused persons have been granted anticipatory bail by this Court on April 9, 2025. He has further submitted that in accordance with the Court's order, the opposite parties/accused persons have duly surrendered before the Chief Judicial Magistrate and their bail has been regularized. He submits that in consideration of post bail good conduct of the accused persons, the conditions for bail, imposed earlier, have also been relaxed subsequently by this Court.

Mr. Deep Chaim Kabir, learned Senior Counsel has also mentioned about the Hon'ble Supreme Court's direction, passed in this regard vide order dated September 18, 2025. By the dint of the same the Hon'ble Supreme Court has granted liberty to the State that if so advised, it may challenge the order of the Magistrate granting regular bail.

Hence this criminal revision case is filed.

Vide an order dated April 9, 2025, this Court has granted anticipatory bail to the opposite parties/accused persons, with further direction that the said accused persons shall remain within jurisdiction of Pahargoan Police Station and meet the Investigating Officer twice in a week. Such condition has been subsequently relaxed by this Court allowing the accused persons, to return to the main land at Tamil Nadu and report to the officer of police station, there. Admittedly, in this case, there is no material available against the accused persons, till now, to suggest misuse by them of any condition imposed by the Court, or liberty granted under bail.

So far as legality and propriety of the said impugned order is concerned, it is found that the learned Chief Judicial Magistrate, has acted in terms of this Court's order dated April, 9, 2025. He has duly considered that the accused persons have already been granted anticipatory bail by this Court and directed to surrender before him. Any other order of him, would have been contrary to this Courts earlier order dated April, 9, 2025.

For the reasons as stated above this Court finds no impropriety or illegality, as to the order impugned in the instant criminal revision case. Hence the same is liable to be dismissed. The Criminal Revision being CRR/60/2025 is dismissed. There shall be no order as to costs.

Parties to act on the server copy of this order downloaded from the official website of this Court.

(Rai Chattopadhyay, J.)