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CR.MA/6357/2010 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6357 of 2010
=========================================================
ANITABEN
JAISANGBHAI PARMAR & 2 - Applicants
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
G RAMAKRISHNAN for
Applicants : 1 - 3.
MR MG NANAVATY ADDL PUBLIC PROSECUTOR for
Respondent:
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 25/06/2010
ORAL
ORDER
Rule.
Shri. Nanavaty, learned APP waives service of notice on behalf of
respondent State. With the consent of the parties rule is fixed
forthwith.
The
applicants, who have been apprehended their arrested in connection
with I.CR. No. 60 of 2010 with Bharuch City “A” Division
Police Station at Bharuch have moved this application under section
438 of Cr.P.C. for seeking anticipatory bail in the event of their
likely arrest in respect of aforesaid complaint for the offences
punishable under sections 376(G) read with Section 114 of the IPC.
The
accused moved the application being Criminal Misc. Application No.
320 of 2010 before the concerned Sessions Court, which came to be
rejected on 11.5.2010.
The
case of the original complainant in FIR is with regard to accused
no. 1 committing rape and the role attributed to present applicants
is that of abating the accused no. 1 in committing the crime. The
Court has perused the FIR and the order impugned passed by the
Sessions Court declining exercise of granting anticipatory bail to
the accused and on close perusal of FIR and development of incident
mentioned thereunder, couple with the role attributed to present
applicants, the Court is of the view that the role of present
applicants cannot be said to be acceptable in accordance with social
norms. However, when the allegations of committing offence under
Section 376 and abatement thereof is alleged, the Court need not to
swede by which may not be in accordance with social norms. The
allegations are to be viewed from the offence alleged in the FIR The
narration of the incident in the FIR has persuaded this Court that
present applicants deserve to be enlarged on bail in the event of
their arrested for the following reasons :
The
role attributed to the present applicants in the FIR itself deserve
to be taken into consideration for granting this application.
The
counsel for the applicants has assured this Court that the
applicants would cooperate in the investigation in case this
application is granted.
This
application is therefore deserves to be allowed and is accordingly
allowed on the following conditions as under:
That
in the event of arrest of the applicants in connection with CR. No.
I. 60 of 2010 registered at Bharuch City “A” Division
Police Station at Bharuch, they shall be released on anticipatory
bail in respect of the offences alleged against them in this
application, on their executing a bond of Rs.5,000=00 (Rs. Five
thousand only) each with one surety of the like amount, by the
concerned Police Officer and on conditions that they shall;
(a)
remain present before the Trial Court regularly as and when
directed on the dates fixed;
(b)
appear before the concerned Police Station, on 28.6.2010 between
10.00 am to 12.00 Noon.
(c)
make themselves available for interrogation by the police officer
whenever and wherever required;
(d)
not directly or indirectly make any inducement, threat or promise to
any person acquainted with the fact of the case so as to dissuade
them from disclosing such facts to the Court or to any police
office;
(e)
not to obstruct or hamper the police investigation and not to play
mischief with the evidence collected or yet to be collected by
the police;
(f)
at the time of execution of bond, furnish the address to the
Investigating Officer and the Court concerned and shall not
change their residence till the final disposal of the case or till
further orders;
(g)
not leave Gujarat State without the prior permission of the Court
and, if having passport, shall deposit the same before the Trial
Court;within a week.
It
would be open to the Investigating Officer to file an application
for remand, if he considers it proper and just, and the concerned
Magistrate would decide it on merits.
This
order will hold good if the applicant is arrested at anytime within
90 days from today. The order for release on bail will remain
operative only for a period of ten days from the date of their
arrest. Thereafter, it will be open to the applicants to make a
fresh application for being enlarged on bail in usual course which
when it comes before the competent Court, will be disposed of in
accordance with law, having regard to all the attending
circumstances and the materials available at the relevant time,
un-influenced by the fact that anticipatory bail was granted.
Rule
made absolute. Direct service permitted.
[
S.R. BRAHMBHATT, J ]
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