JUDGMENT

Santosh Hegde, J.-Heard learned counsel for the parties.

Leave granted.

2. The appellant herein was an accused in a case involving offences punishable under Sections 498A/405/419/420/467/469/471/120B of the IPC before the Court of learned ACJM at Sealdah. On 27th of August, 2002, he was produced in custody by the police concerned when he moved a bail application alleging that he was suffering from various ailments like cardiac and diabetic problems. The learned Public Prosecutor opposed the bail paper and alleged that in the event the appellant being released on bail there is a possibility of his tampering with the evidence. It is to be noticed that the prayer of the Investigating Officer was not for police remand but was to take the appellant into judicial custody.

3. Learned Judge after perusing the FIR and the case diary and taking into consideration the age and the ailments of the appellant considered it appropriate to release the appellant on bail of Rs. 2000/- with two sureties of Rs. 1000/- with the condition not to enter the place of his residence and to furnish affidavit giving particulars of the residence where he intends to reside. He also directed the appellant no