28.06.2024
SL No.19
Court No.29
TN
CRM (A) 2001 of 2024
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed in connection with Khejuri
Police Station Case No.118 of 2024 dated 21.03.2024 under
Section 304 IPC and Section 135(1)(a) of the Electricity Act, 2003.
And
In the matter of : Swapan Purkait.
- petitioner.
Mr. Sk. Jayed Hossain
for the petitioner.
….
Mr. Ashok Das
for the State.
…
1. The learned Counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated. It is
submitted that the petitioner is in the business of betel leaves
and has been carrying on such business for quite some time
without any allegation of illegal hooking of electricity.
2. The learned Counsel for the State in opposing the prayer
submits that the victim died due to electrocution caused by
the hooking of the petitioner.
3. Considering the materials available in the case diary and the
nature and involvement of the petitioner in the commission of
the alleged offence, we are of the view that custodial
interrogation of the petitioner is not necessary.
4. Accordingly, we direct that in the event of arrest, the
petitioner, namely, Swapan Purkait shall be released on bail
upon furnishing a bond of Rs.10,000/-, with two sureties of
like amount each, one of whom must be local, to the
satisfaction of the arresting officer and also subject to the
Signed By :
TANMOY
NANDAN
High Court of
Calcutta
28 th of June
2024 04:59:55 PM
2
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973. The petitioner shall meet the
Investigating Officer of the case once in a week. The petitioner
shall not leave the jurisdiction of the Khejuri police station till
submission of the final report without the leave of the Special
Court (Electricity), Purba Medinipur in connection with
Khejuri Police Station Case No. 118 of 2024.
5. It is further directed that the present accused petitioner shall
appear before the learned Additional District and Sessions
Judge, M.A.C.C. Tribunal Judge, 1st Court, Tamluk/Judge,
Special Court, Purba Medinipur at Tamluk within two weeks
from date and pray for regular bail.
6. Accordingly, the application for anticipatory bail is disposed
of.
7. All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Soumen Sen, J.)
(Uday Kumar, J.)
Signed By :
TANMOY
NANDAN
High Court of
Calcutta
28 th of June
2024 04:59:55 PM