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Judgment
Honourable Ms. Justice Sonia Gokani
This application has been preferred by the father and two brothers of the main accused, who is allegedly having eloped with the girl who is 17 years and 6 months old. The present application has been preferred u/s 438 Cr PC in connection with FIR being I-CR No. 66/2012 registered with Harij Police Station, District : Patan for the offences punishable under Sections 363, 366, 504, 506(2) & 114 IPC. Learned advocate Ms. Banna S. Dutta appearing for the applicants fervently urged that the present applicants have no other criminal antecedents and as per the case of the prosecution, they have not played any role as abettors in the said offences, as the girl had chosen to go away with the boy herself, out of their mutual attraction. She further urged that the present applicants can not be compelled to undergo pretrial punishment on account of such facts, and therefore, she urged to grant anticipatory bail to the present applicants, on suitable terms.
Learned APP Shri Nanavati confirms that there are no past criminal antecedents of the present applicants. He also confirms that no custodial interrogation is necessary in the alleged offences.
Having heard learned advocates of the parties and also on perusal of record and keeping in mind the role played by the present applicants, this Court is prima-facie of the opinion that main applicant and the girl eloped out of their mutual attraction, and therefore, this Court is of the opinion that discretion is required to be exercised in favour of the present applicants.
Resultantly, this Application is allowed. In the event of arrest of the applicants in connection with I-CR No. 66/2012 registered with Harij Police Station, District : Patan, they shall be released on bail upon on their furnishing a personal bond of Rs. 20,000/- (Rupees Twenty Thousand Only) each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they;
(a) shall cooperate with the investigation and make themselves available for interrogation; whenever required;
(b) shall remain present at concerned Police Station on 7th 2012 between 11:00 a.m. and 2:00 p.m;
(c) shall 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 from disclosing such facts to the Court or to any Police Officer;
(d) shall at the time of execution of bond, furnish the 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;
(e) will not leave India without the permission of the Court and, if is holding a Passport, shall surrender the same before the trial Court immediately;
It would be open to the Investigating Officer to file an application for remand, if he considers it just and proper and the concerned Magistrate would decide it on merits.
Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate for police remand of the applicants. The applicants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions; as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicants, 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. Rule made absolute to the above extent. Direct service is permitted.