AB 956/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 439 Cr.P.C. seeking bail for the accus ed-petitioner, namely, Sevi Tao @ Jacob, in connection with Dimapur East Police Station Case No. 342/2010 (G.R. Case No. 726/2010), under Section 364 A of the I PC. Heard Mr. S. N. Sarma, learned Senior counsel, appearing for the petitioner. He ard also the learned Public Prosecutor, appearing for the State of Nagaland, and Mr Z. Kamar, learned Public Prosecutor, Assam. Perused the above application and materials on record including a copy of the or der, dated 23.05.2011, passed by the learned Sessions Judge, Dimapur, whereby th e learned Sessions Judge had directed the accused-petitioner, namely, Savi Tao @ Jacob, to be medically examined and treated at Dispur Hospital, Guwahati, as th e accused-petitioner had been suffering from Renal Calculus (kidney stone). The materials on record reveal that on their arrival at Guwahati, the police party, which had brought the accused-petitioner to Guwahati, approached the Senior Sup erintendent of Police, Guwahati (City), to provide security to the accused-petit ioner, but security was refused to be provided by the Senior Superintendent of P olice, Guwahati (City), and the accused-petitioner had to be taken back to Dimap ur. The accused-petitioner is presently in jail in Dimapur. Considering the fact that there was a judicial order, directing the Superintende nt of Police, Dimapur, to provide escort/security to the accused-petitioner duri ng the period of his treatment at Guwahati, it was the duty of the Superintenden t of Police, Dimapur, to do the needful so far providing of necessary security t o the accused-petitioner was concerned. Be that as it may, having considered the matter in its entirety, this Court is o f the view that in the facts and attending circumstances of the present case, th e accused-petitioner needs to be examined by a Medical Board, which shall be con stituted by the Superintendent, Guwahati Medical College Hospital, Guwahati, and , depending upon the report, which the Medical Board may give, such treatment, w hich may be necessary but cannot be provided at Dimapur, shall be provided to th e accused-petitioner at the Guwahati Medical College Hospital, Guwahati. For the purpose of ensuring the safety and security of the accused-petitioner, i t is hereby directed that not only the Superintendent of Police, Dimapur, shall provide necessary escort/security for bringing the accused-petitioner to Guwahat i, but even the Senior Superintendent of Police, Guwahati (City), shall ensure t hat necessary security is provided to the accused-petitioner, while he is examin ed and, if necessary, treated at the Guwahati Medical College Hospital. Coming to the accused-petitioner’s prayer for bail, this Court, after careful co nsideration of the matter in its entirety and having considered the submissions, made on behalf of the accused-petitioner as well as of the prosecution, is of t he view that, at this stage, the accused-petitioner cannot be allowed to go on b ail. The accused shall, however, remain at liberty to apply for regular bail in the Court of the learned Sessions Judge, Dimapur, or in the appropriate Bench o f this High Court. In terms of the above directions, this bail application shall stand disposed of. Furnish copy of this order to the learned Public Prosecutor, Nagaland/Assam.