Rule.
Learned A.P.P. Ms. C.M. Shah waives service of rule on behalf of respondent State.
2. 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-24 of 2012 registered with Sarkhej Police Station, for the offence punishable under Sections 365, 366, 354, 392, 323, 504, 506(2), 34, 376, 342 of the Indian Penal Code.
3. Heard learned advocate Mr. Padhya for the applicant and learned A.P.P. Ms. Shah for the respondent State. The following points are considered.
[a] FIR is filed against Tiko and other accused and applicant is alleged to be Tiko;
[b] Except the statement of the co-accused, no evidence to indicate that Tiko is applicant;
[c] The alleged role attributed to the applicant is giving threat and forcing the victim to sit in autorickshaw;
[d] The alleged incident occurred between 1.2.2012 and 3.2.2012 but the FIR lodged on 4.2.2012.
4. In view of above, the application is allowed. In the event of arrest of the applicant in connection with C.R. No. I-24 of 2012 registered with Sarkhej Police Station, Ahmedabad for the offences alleged against him, the applicant shall be released on bail on 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 17th May, 2012 between 11.00 a.m. and 5.00 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 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;
5 Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. Learned Magistrate shall consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.
6. Rule made absolute to the aforesaid extent. Direct service is permitted.
[BANKIM N. MEHTA, J.] (pkn) Top