Margaret Brijet Cross v. The State Of Maharashtra

rpa 1/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1133 OF 2017 Margaret Brijet Cross .. Applicant Vs.

The State of Maharashtra .. Respondent ......

Mr.Prashant Patil, Advocate for the Applicant. Mr.Ajay Patil, APP for the Respondent - State. PSI Prashant esai, PI Anil Patil, Manikpur Police Station, present. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JULY 25, 2017.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.I-157 of 2017 registered with Manikpur Police Station, Palghar. The offences were registered under Sections 370-A(2) of Indian Penal Code and Sections 3, 4, 5, 6 of Prevention of Immoral Trafficking Act and Sections 4,8 and 17 of Prevention of Children from Sexual Offences Act. It is the case of prosecution that the co-accused Shakila Ashfaque Shaikh was indulging in the prostitution activities and some women were found in the premises including

rpa 2/4 one minor. The Applicant is the owner of premises. The Applicant had executed leave and license agreement with the co-accused on 15th January, 2017. It is alleged that the Applicant ought to have knowledge about the activities carried out by the co-accused and, therefore, she was the beneficiary of the wrongful activities carried out by the co-accused.

Perused the leave and license agreement. The said agreement was notarised. The agreement mentions that the premises were let out to the co-accused through an estate agent whose details are also mentioned in the agreement. The Applicant preferred an application for anticipatory bail before the Sessions Court which has been rejected. Taking into consideration the aforesaid facts, more particularly that the Applicant is the owner of the premises who had executed a leave and license agreement with the co-accused, interim protection was granted to the Applicant. The interim protection was granted by this Court by order dated 4th July, 2017. The applicant was directed to report the investigating officer once in a week on every Saturday

rpa 3/4 between 11:00 a.m. to 1:00 p.m. The applicant has attended the police station and cooperated with the investigation. Learned APP on instructions, from the officer confirm the fact that the applicant has attended the police station.

In view of the aforesaid circumstances, the custodial interrogation of the applicant is not necessary and the application can be allowed:

Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.1133 of 2017 is allowed;

(ii) The interim order dated 4th July, 2017 is hereby confirmed;

(iii) The applicant is directed to report C.R.No.I157 of 2017 registered with Manikpur Police Station, Palghar, as and when called for;

rpa 4/4 (iv) Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)