Tehelka editor Tarun Tejpal’s anticipatory bail application before the Delhi High Court was moved for getting access to the First Information Report (FIR) lodged by the Goa Police and the deposition by the victim before Investigating Officer Inspector Sunita Sawant. Besides, the application also worked as a tactic to bargain time for Tejpal. As the High Court reserved its order on the bail plea till November 29, the concerned court in Goa could not have issued a non-bailable warrant for his arrest.
However, when the main aim is fulfilled, Tejpal withdrew his bail application on Friday a day before the verdict was to be announced. Tejpal’s legal team is also exploiting the lacunae in the summons served by the Goa Police under Section 160 of the CrPC. The Section says “police officer, making an investigation under this Chapter may, by order in writing,
Bail plea aimed to sneak a look at FIR, girl’s statements require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required”. It implies that the accused cannot be forced to go to Dona Paula police station in Goa to join the investigation as the order is valid for the jurisdiction of the police station concerned only. He can very well convey it to the Goa Police through his legal counsel to come and question him in Delhi itself.
Sources said that the motive behind the bail plea was achieved with the Goa Police filing the status report in the case before the Delhi High Court. Tejpal got a copy of the same through his counsel and that would facilitate his legal defence. “Had he joined the investigations without opting for this legal recourse, he could never have got the papers,” the source added.