- (1.) Accused Chandi Charan Karan @ Chandi Karan apprehends police arrest in connection with Lalgarh P.S. Case No. 4 of 2011 dated 7.1.2011 under section 120B/148/149/326/307/302 IPC read with section 25/27 of the Arms Act corresponding to CBI, SCB, Kolkata Case No. RC 3/S/ 2011-Kol dated 21.2.2011 (G.R. case No. 21 of 2011) pending before the Court of the learned Additional Chief Judicial Magistrate, Jhargram. Hence this application under section 438 Cr. PC. Appearing in support of the anticipatory bail petition it is submitted by Mr. Mukherjee, Learned Counsel for the petitioner that even if allegations made in the FIR as also chargesheet are taken on its face value, it cannot be said that the accused petitioner was involved in killing of nine innocent villagers or causing grievous hurt to the village people. There is nothing on record to indicate that the petitioner was present at the P.O. when indiscriminate firing was made at the mob from the rooftop.
(2.) It is further submitted by him that the petitioner was provided with security guards till 10th April, 2011 because of Maoist threat to his life. By filing a supplementary affidavit, it is also averred on behalf of the petitioner that Maoist miscreants even caused landmine explosion to kill him and his body guards on 13.3.09 at about 9 a.m. in the morning. He had to lodge an FIR against the unknown miscreants. Accordingly, Lalgarh P.S. Case No. 13/09 dated 14.3.09 under section 307/120B IPC read with sections 3 and 4 of the Explosives Act and sections 25 and 27 of the Arms Act was registered against the unknown Maoist miscreants. He has also referred to Lalgarh P.S. Case No. 24/2009 dated 7.4.09 under section 148/149/448/380 IPC read with section 25(1A)/27/35 of Arms Act and also Lalgarh P.S. Case No. 78/ 2009 dated 25.7.09 under section 148/149/448/380 IPC read with section 25 (1A)/27/35 of the Arms Act in the Supplementary Affidavit. It is, therefore, argued by him that to defend the innocent villagers on the face of violent Maoist onslaught such leftist Camps were set up. The safety and security of the villagers have thus been safe-guarded.
(3.) That apart, whenever investigation of the case has since been completed and chargesheet has already been filed, there is hardly any scope/requirement for custodial interrogation. In such a situation, the petitioner's prayer for anticipatory bail should be allowed.;