[1] This application is filed by the applicants under Section 438 of the Code of Criminal Procedure apprehending their arrest in connection with C.R.No.I-231 of 2011 registered with Udhna Police Station, Surat.
[2] Heard learned advocates for the respective parties. This Court has gone through the papers of investigation. Considering the facts of the case and considering the role attributed to the applicants, I am inclined to grant anticipatory bail to applicants. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors. Reported in [2011]1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Reported in [1980]2 SCC 565.
[3] In the event of arrest of the applicants in connection with C.R.No.I-231 of 2011 registered with Udhna Police Station, Surat for the offences alleged against them, the applicants shall be released on bail on each executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that they shall:
co-operate with the investigation and make themselves available whenever required;
remain present before the concerned Police Station on 01st March, 2012 between 11.00 a.m. to 2.00 p.m..;
not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them for disclosing such facts to the Court or to any Police Officer;
at the time of execution of bond, shall furnish their address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
not leave India without the permission of the Court and, if holding Passport, surrender the same before the trial Court immediately;
[4] It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.
[5] At the trial, the Trial Court shall not be influenced by the observation made by this Court while enlarging the applicants on bail.
[6] Rule made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top