Petition under Section 438 Cr.P.C. 2. Read order dated 26.08.2014 passed by this Court in B.A. Nos.5297, 5434, 5435 & 5442 of 2014.
Through the said detailed order, this Court had dismissed the said applications seeking anticipatory bail filed by this petitioner.
3. Presently, the learned senior counsel appearing for the petitioner has canvassed an argument that there is a change of circumstance in the case as three persons, who had allegedly raised complaints against the petitioner, have come up to withdraw their complaints. In the facts and circumstances of the case, the said aspect cannot be treated as a change of circumstance at all.
4. The learned senior counsel has requested that if this Court is not inclined to treat it as a change of circumstance and to grant anticipatory bail to the petitioner, an opportunity may be granted to the petitioner to surrender before the Investigating Officer to co-operate with the investigation.
5. This is not a fit case where anticipatory bail can be granted to the petitioner. This bail application is only to be dismissed and I do so.
In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
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B. KEMAL PASHA JUDGE das +++ // True copy // PA to Judge