- (1.) The present petitioner apprehending arrest in connection with Pandua Police Station Case No. 206 of 2009 under Sections 135(1)(b)/135(1)(c) of the Electricity Act moved an application for anticipatory bail before this Hon'ble High Court. This Hon'ble High Court allowed such prayer of anticipatory bail by making the following orders; Accordingly, we direct that in the event of arrest, the petitioner would be admitted on bail upon furnishing sufficient sureties on the following conditions that: i) the petitioner shall make herself available for interrogation by the Investigating Agency as and when required. ii) no direct or indirect threat or any inducement would be made to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer. The petitioner must submit to the jurisdiction of the Regular Court within a period of four weeks. Upon her surrender before the learned Court below, the learned Magistrate shall consider the prayer for bail of the petitioner on the basis of the materials available against her as on that date without being influenced by the disposal of this application.
(2.) Pursuant to the said order and during its validity, on January 14, 2010, the petitioner surrendered before the Learned Judge, Special Court under Electricity Act, Hooghly, and prayed for regular bail, when the Learned Judge called for the Case Diary and released the petitioner on interim bail till January 22, 2010. While passing such order, the Learned Judge directed the petitioner to contact the concerned authority and to deposit the amount that may be assessed in the meantime. Thereafter, on January 22, 2010, the Learned Judge further directed the petitioner to deposit a sum of Rs. 2.5 lakhs in terms of the order passed by this Hon'ble High Court in connection with W.P. No. 597 (W) of 2010.
(3.) Now, the petitioner has challenged the said order of granting of interim bail on the limited point that while passing such order, the Learned Court below has no jurisdiction to direct the petitioner to deposit any amount of money being the alleged electricity pilferage amount, finally assessed as a condition of bail.;