Vanessa Viven Menezes v. The State Of Maharashtra And ANR

2023:BHC-AS:31271 48 aba 2705 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2705 OF 2023 Vanessa Viven Menezes ...

Applicant versus The State of Maharashtra and Anr.

...

Respondents Mr. Valentine Mascarenhas with Ernest Tuscano, for Applicant. Mr. M.G.Patil, APP for State.

Mr. Rahul M. Phad, PSI, Vasai Police Station present.

CORAM:

N.J.JAMADAR, J.

DATE :

17 OCTOBER 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

This is an application for pre-arrest bail in connection with C.R.No.253 of 2023 for the offences punishable under Sections 420, 506 read with Section 34 of the Indian Penal Code, 1860.

3.

By an order dated 26 September 2023, this Court was persuaded to grant interim bail ascribing reasons.

4.

The learned Counsel for the Applicant submits that the applicant had deposited an amount of Rs.13,500/- in terms of the order dated 26 September 2023 and had appeared before the Investigating Officer and co-operated with the investigation.

5.

Having regard to the nature of the accusation, especially the fact that the SSP 1/2

48 aba 2705 of 2023.doc allegations are primarily against the husband of the applicant, the custodial interrogation of the applicant does not seem to be warranted to facilitate further investigation. The major offence under Section 420 of IPC entails punishment of 7 years. I am, therefore, inclined to make the order of interim bail absolute. 6.

Hence, the following order :

ORDER

(i) The order dated 26 September 2023 is made absolute on the terms and conditions incorporated therein.

(ii) The applicant shall henceforth appear before the Investigating Officer as and when directed by the Investigating Officer. (iii) The amount of Rs.13,500/- deposited by the applicant be transferred to the Court of learned Judicial Magistrate, First Class, Vasai, exercising jurisdiction over the Vasai Police Station.

(iv) The learned Magistrate shall invest the said amount in an interest bearing account.

(v) The said deposit shall abide the final decision in the proceedings arising out of C.R.No.253 of 2023.

(vi) The Application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2