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2025 DAILYLAW 51183 (ORI)

SUMATI MALIK v. STATE OF ODISHA

ABLAPL/8331/2024 · 2025-04-02

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8331 of 2024 1. Sumati Malik 2. Nakula Malik …. Petitioners Mr. D. Tripathy, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 02.04.2025 06. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with Dhusuri P.S. Case No.164 of 2024 pending on the file of learned J.M.F.C., Dhamnagar, Dist-Bhadrak for commission of offences punishable under Sections 363 of IPC. 3. Learned counsel submits that Petitioners have been implicated in the case at hand because they are the parents of the principal accused, who is their son (Kanha Malik). Hence, they may be protected by pre- arrest bail. 4. Learned counsel for the State submits that the anticipatory bail is not maintainable in as much as the section under which the same has been instituted is bailable one. 5. Per contra, learned counsel for the Petitioner submits that there is apprehension of the Petitioners being implicated as accused for commission of an offence under the POCSO Act. Hence, the apprehension. 6. Taking note of the submission, it is directed that in the event of arrest of the Petitioners in connection with the aforesaid case, they shall be released on bail by the Arresting Officer on such terms and conditions deemed just and proper with further conditions that they will cooperate with the investigation. 7. Violation of any of the above condition(s) shall entail cancellation of bail. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi Designation: Senior Stenographer