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Bombay High CourtAPPP/786/2018others disposed off

Puthenveedu Joseph Mathew v. The Senior Inspector Of Police And ORS

2019-04-05Hon'Ble Shri Justice A.S. Gadkari2 pages

appp.786-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 786 OF 2018 IN ANTICIPATORY BAIL APPLICATION NO. 947 OF 2013 Puthenveedu Joseph Mathew ..Applicant Vs The Sr. Inspector of Police ..Respondents ----- Ms. Bhagyashsri Mangle I/b E.A. Sasi for the Applicant. Mr. Ajay Patil, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 5th April 2019.

P.C.:

1] This is an application for modification of condition No.6(iii) imposed upon the applicant while granting him pre-arrest bail by this Court by its Order dated 3.2.2014. The said condition reads as under:- "6(iii)- The applicant shall cooperate with the Investigating Agency and shall report to the police station on the 1st and 15th of every month between 4 pm to 6 pm, till filing of the chargesheet."

2] It is submitted that, till date the police have not submitted chargesheet. It is astonishing to note here that, in last five years the police 1/2

appp.786-2018.doc could not complete investigation and particularly when the crime is registered under Section 380 of the Indian Penal Code. 3] Due to passage of time the aforesaid condition No.6(iii) of the Order dated 3.2.2014 has become onerous and needs to be modified. 4] In view thereof, the applicant is hereinafter directed to attend the concerned police station on every 1st Monday of the month between 4.00 p.m. to 6.00 p.m. until further orders.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2