Sadanand Mallu Patankude v. The State Of Maharashtra

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.813 OF 2015 Sadanand Mallu Patankude ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Anand S. Patil for the Applicant Mr.Arfan Sait, APP, for Respondent - State CORAM: MRS.MRIDULA BHATKAR, J.

DATE: JUNE 30, 2015 P.C.:

1.

The application is moved for pre-arrest bail as the applicant/accused is facing charges under sections 363, 366, 354 (D) r/w section 34 of the Indian Penal Code. The offence was registered on 6.5.2015 at C.R. No.91 of 2015 which is being investigated by the Kagal police station, Kolhapur. It is the case of the prosecutrix that one Gajanan Pawar was interested in her. He alongwth the applicant/accused followed the prosecutrix, who was with her friend. They took both the girls in a car to a hill and then Gajanan Pawar expressed that he wanted to marry her. Then on 30.4.2015, when she went alongwith her mother to one religious place, at that time, the coaccused Gajanan Pawar followed her and he forced her to talk with him. At that time, the applicant/accused was present alongwith other friends 1 / 3

and was encouraging Gajanan Pawar to talk and, therefore, the prosecutrix lodged the complaint.

2.

The learned Counsel for the applicant/accused prayed for pre-arrest bail in view of the allegations made against the applicant/accused. 3.

The learned Prosecutor opposed the application and submitted that the Investigating Officer is not present.

4.

On reading the FIR and considering the charges levelled against the applicant/accused, in my view, it is a case for granting pre-arrest bail. Accordingly, the Anticipatory Bail Application is allowed on the following conditions:

i) In the event of arrest, the applicant/accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.15,000/-, with one or two sureties in the like amount;

ii) The applicant shall not tamper with the evidence; iii) The applicant shall not pressurise the witnesses or indulge into any kind of offence while on bail;

2 / 3

iv) The applicant shall cooperate with the Investigating Officer and attend the concerned police station on 6th July, 2015 between 11 am to 12 noon.

(MRS.MRIDULA BHATKAR, J.) 3 / 3