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Judgment
Surinder Singh, J.—The Petitioner is apprehending arrest in a case registered under Sections 153-A, 501 and 502 read with Section 34 of the Indian Penal Code, registered in Police Station Sadar, Kullu, in terms of FIR No. 43/10 dated 4th February, 2010. He was denied pre-arrest bail by the Court of Sessions as such he applied for the bail u/s 438 of the Code of Criminal Procedure in this Court.
Report filed.
Heard.
The bail of the Petitioner is objected to by the learned Assistant Advocate General on the grounds that he is a Writer and Publisher of certain books, which were displayed in a stall at Dhalpur ground, Kullu, which contained the offensive material against the freedom fighters, father of the nation and Hindu Gods and Goddess, which could have been generated ill-will and hatred amongst the different sects of the society. The books so displayed have been taken in possession by the police. The bail is also objected to on the ground that the Petitioner may not be available for the purpose of interrogation and also during the trial of the case.
Keeping in view the above facts and circumstances of the case, the Petitioner, who is aged about 80 years, his custodial interrogation in the case in hand is not required, as such, the pre-arrest bail can be allowed on imposing appropriate and reasonable conditions.
Pursuant to the last order dated 20th April, 2010, the Petitioner is stated to have joined the investigation of this case. He was also granted interim bail in the event of his arrest, which is hereby ordered to be confirmed on the same terms and conditions and also on the further conditions that:
(i) the Petitioner shall keep on joining the investigation of this case as and when required;
(ii) since the Petitioner is a resident of Jallandhar (Punjab) as per his address given by him in the bail application which is stated to be correct, thus, as and when he leaves the said place of residence, he shall inform about the place to be visited by him and his contact telephone number by sending telegram or by informing to the SHO, Police Station, Sadar Kullu telephonically, so long as the case in hand shall remain under investigation; and
(iii) further the Petitioner shall not repeat similar type of offence in future.
In case the Petitioner shall flout any of the conditions aforesaid, the liberty of bail shall be cancelled.
The petition stands disposed of.
Copy dasti on usual terms.