Talo Debom v. The State of Ap

Page No.# 1/2 GAHC040001222024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/18/2024 Talo Debom Son of Late Tagok Debom, resident of Debom vilalge, PO and PS Dumporijo, Upper Subansiri District, Arunachal Pradesh

VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tadu Bayor Advocate for the Respondent : P P of AP

-BEFORE-HON'BLE MRS. JUSTICE MALASRI NANDI

09.02.2024 Heard Mr. P. K. Gour, learned counsel for the petitioner and Ms. L. Hage, learned Addl. PP for the State. This is an application filed under Section 438 Cr.P.C., seeking pre-arrest by the petitioner, namely, Talo Debom who is apprehending arrest in connection with Itanagar P.S. Case No. 13/2024 registered under Sections 452/506 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the petitioner has appeared before the Investigating Police Officer as per direction of this Court and his statement has already been recorded after Page No.# 2/2 he was granted interim protection. He has not misused the liberty granted to him; rather, he co-operates with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioner may be made absolute. Ms. Hage, learned Addl. PP for the State submits that the petitioner may appear before the Investigating Officer as and when called for. As the statement of the petitioner has already been recorded by the Investigating Officer and as such, his custodial interrogation may not be required for the purpose of investigation. I have considered the submission made by the learned counsel for the parties and also perused the Case Diary. It appears that the petitioner has not misused the liberty granted to him while availing interim protection. It is directed to the petitioner to appear before the Investigating Officer as and when called for. Considering all, this Court of the considered view that the petitioner deserves to be granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order, dated 05.02.2024 is hereby made absolute on the same terms and conditions, as reflected. This bail application disposed of accordingly. Return the Case Diary, forthwith. JUDGE Comparing Assistant