Chinmay Yashwant Gailad And ORS v. The State Of Maharashtra

Vina k sr.13.aba1811.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1811 of 2016 Mr. Chinmay Yashwant Gailad & ors.

...Applicants

Versus

The State of Maharashtra

...Respondent

---------- Mr. Hrishikesh Mundargi for the applicants.

Smt. J. s. Lohokare, APP for the respondent - State. ---------- CORAM :

PRAKASH D. NAIK, J.

DATE :

12 JUNE 2017 P.C. :

1. This is an application for anticipatory bail in connection with C.R. No.I-191 of 2016 registered with Rabodi Police Station for the offences punishable under section 448, 452, 427, 323 read with 34 of IPC.

2. The FIR was lodged on 21 July, 2016. It is the case of the complainant / prosecution that the complainant is the owner of the premises and inspite of the orders of the authorities confirming their possession, the applicants / accused broke open the lock of the premises and entered into the said premises.

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Vina k sr.13.aba1811.2016.doc

3. Learned advocate for the applicants submits that presently the premises is in the possession of the complainant. He submitted that applicant nos.1 and 2 complied with the directions issued by this Court with regards to the attendance vide order dated 17 October, 2016. He submitted that applicant no.3 could not attend the police station on account of pregnancy.

4. Taking into consideration the aforesaid aspect, he further submitted that the applicants will not enter into the subject premises and create trouble to the complainant and his family members, without following due process of law.

5. Hence, I pass the following order;

:: ORDER ::

(i) Anticipatory Bail Application No.1811 of 2016 is allowed. (ii) Interim protection granted on 17 October, 2016 is hereby confirmed.

(iii) Applicant nos.1, 2 and 4 to report the Rabodi Police Station, Thane on every Saturday between 11.00 to 2.00 pm till filing of the chargesheet.

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Vina k sr.13.aba1811.2016.doc (iv) The applicant shall not enter into the subject premises without due process of law.

(v) Application stands disposed of.

[PRAKASH D. NAIK, J.] 3/3