Patey Karu v. The State of Ap

ORDER Date : 04-04-2024 Heard Mr. T. Garam, the learned counsel for the petitioner and Mr. T. Ete, the learned Additional Public Prosecutor for the State of Arunachal Pradesh.

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¶2By an Order dated 12.03.2024, this Court granted interim anticipatory bail to the accused with a direction to release him on execution of a bail bond of Rs.25,000/- with one surety of like amount to the satisfaction of the arresting authority and to appear before the I.O of the case within 10(ten) days.

¶3Pursuant to the said order, the accused had appeared before the I.O of the case on 13.03.2024 where his statement under Section 161 Cr.P.C was recorded. Though the learned counsel for the petitioner has submitted that on his appearance, the accused was arrested and subsequently, released on bail on the strength of interim anticipatory bail on execution of the bail bond, the said execution of the bail bond is not found on record.

¶4The learned counsel for the petitioner further submits that since the accused has cooperated and is ready to cooperate with the I.O for further investigation of the case, the interim anticipatory bail granted to him may be regularized and made absolute.

¶5The learned Additional Public Prosecutor, Mr T. Ete fairly submits that accused has, in fact, appeared before the I.O. and his statement under section 161 Cr.P.C was also recorded. However, since the accused has made a disclosure statement about the Page No.# 3/4 weapon of the offence in his 161 Cr.P.C statement, his custodial interrogation is necessary. The learned Additional Public Prosecutor further submits that the interim bail of the accused may be made absolute on the condition that the accused shall cooperate with the I.O. of the case.

¶6Be that as it may, since the accused has already appeared before the I.O of the case and he was stated to have been arrested and subsequently, released on bail on the strength of the interim anticipatory bail granted to him on 12.03.2024, the matter appears to have become infructuous.

¶7In view of the above submissions and considering the entirety of the case, the interim anticipatory bail granted to the accused on 12.03.2024, is hereby regularized and made absolute with the same terms and conditions as in order dated 12.03.2024 with the following additional conditions; 1) That the accused shall cooperate with the investigating agency and make himself available for further investigation of the case as and when called for; 2) That the accused applicant shall not, directly, or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Page No.# 4/4 Court or to any police officer; and 3) That the accused shall appear before the learned trial court as and when called for;

¶8This anticipatory bail application shall be read as part of the order dated 12.03.2023.

¶9Accordingly, the anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040002962024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/39/2024 Patey Karu Son of Late Patey Neki, resident of Palin Village, Kra Daadi District, Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Taja Garam Advocate for the Respondent : P P of AP BEFORE HONBLE MR. JUSTICE BUDI HABUNG