CUTTACK: Senior IAS officer Manish Agarwal’s anticipatory bail petition in connection with the case proceedings against him for allegedly abetting the suicide by his personal assistant (PA) while he was collector of Malkangiri five years ago has been rejected by the Orissa High Court.
Agarwal, presently additional secretary Planning and Convergence department, sought pre-arrest bail after the court of SDJM, Malkangiri, rejected his petition seeking through his counsel exemption from appearance during trial.
The SDJM had stressed that under the Criminal Procedure Code, 1973, an accused’s first appearance in a criminal case must be physical. The accused should first present himself before the SDJM court and then may seek exemption from personal attendance before the trial court, which is the sessions court.
Agarwal sought protection expressing apprehension that if he appears before the SDJM Court, he will be remanded to custody on the ground that offence under section 306 of the IPC (abetting suicide) is triable by the court of sessions.
However, the single judge bench of Justice V Narasingh declined to grant exceptional remedy of anticipatory bail as he did not find any merit in the submissions made on his behalf. While citing an observation of the Supreme Court, Justice Narasingh said, “Just as liberty is precious for an individual so is the interest of the society in maintaining law and order. Both are extremely important for the survival of a civilised society.”