( 1 ) S/shri Baldev and Dieter Ludwig have applied for grant of anticipatory bail in these two separate petitions. This order will dispose of both these petitions.

( 2 ) IN brief the case of the petitioner Baldev is that he is representative of French News Photo Agency, SYGMA with Head-Quarters at Paris. He had accompanied various Prime Ministers of India as a part of their official entourage. The Headquarters of SYGMA instructed him on telephone in May, 1991 to visit International Sahaja School, Dharamsala, H. P. for having the photographs of the school as well as the students studying there and showing there general lifestyle, including that of Master Yoann, a male child of French nationality. He, accordingly, visited that school and met its Principal Mr. Banerjee and introduced himself as news photographer, representative of SYGMA and sought his co-operation to photograph the School complex and students studying there. The Principal introduced him to various children including Master Yoann. The petitioner took his photographs besides those of other students. He has now learnt that a case has been registered against him at PS Dharamsala, H. P. for criminal trespass, at the instance of School Authorities and, therefore the Himachal Pradesh Police had come to arrest him. Therefore, apprehending his arrest he seeks anticipatory bail.

( 3 ) THE other petitioner claims himself to be a representative photographer of SIPA Press Agency based in Paris. He claims to have visited the school in April-May, 1991 to write an article for "paris Match" regarding Sahaja Yoga. He also similarly claims to have visited the school, met the Principal and according to him his article published regarding the activities of the school has resulted into the filing of false case against him.

( 4 ) NOTICE of both these applications was issued to the respondent including the State of Himachal Pradesh. The brief history filed on behalf of Himachal Pradesh Police shows that FIR No. 214/91 dated 20-6-91 under Ss. 290/419/420/451/500/363 read with S. 34, I. P. C. stands registered against five persons including these two petitioners. Learned counsel for the State also produced before me photo copies of some letters written by the parents of Master Yoann to Mr. Yogeshwar Mahajan, Management-in-Charge of the School as also to Mr. Banerjee, the Principal. He also produced before me photo copiesof the Magazine "paris Match" dated 30/05/1991 published by Journalist Colette Porlier who is also one of the co-accused in this case. The report shows that on 16-5-91 accused No. 3 Philippe Gelie visited the school at Dharamsala and told its Principal that he was related to Master Yoann, a French student and that his parents had sent him to the school to meet him. Thereafter he talked to Master Yoann for about four and a half hours in French on account of which Master Yoann remained quite disturbed and did not even take his meal that day. On the very next day i. e. 17-5-91 the petitioner Baldev also went to that School, took various photographs of the children in the school and specially those of Master Yoann and also harassed him. The petitioner Baldev had told the Principal that he had come to the School with the permission of Mr. Yogeshwar Mahajan, Management-in-charge of the School. Similarly on 18-5-91 the co-accused Pavlov introduced himself as companion of Baldev and similarly took photographs and also harassed Master Yoann. Km. Colette Porlier, co-accused visited the school on 19-5-91 and made a false representation that she wanted to admit both of her children in the school. On this pretext she also talked to Master Yoann in French language.

( 5 ) THE result of taking of the photograph and writing of article by some of the accused seems prima facie apparent in the letters written by the mother of Master Yoann. In the letter dated 30-5-1991 addressed to Mr. Mahajan, she states, "i am sorry to say that the Principal of the school has been very irresponsible. He sho

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