Kailash Sundarlal Kothari v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3091 OF 2022 Kailash Sundarlal Kothari ..

Applicant

Versus

The State of Maharashtra ..

Respondent WITH ANTICIPATORY BAIL APPLICATION NO.3092 OF 2022 Indu Kailash Kothari ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.C.K.Pendse with Ms.Siddhi Bhosale and Mr.Jayesh Wani for the Applicants.

Ms.A.A.Takalkar, A.P.P. for the State/Respondent. PI Satish S. Rathod, EOW, Thane, present.

...

CORAM: BHARATI DANGRE, J.

DATED : 10th NOVEMBER, 2022 P.C:- 1.

When the learned A.P.P. is asked to offer justifcation for invoking Section 409 of IPC, she is instructed by the Investigating Offcer that a notice shall be issued to the applicant in the two applications under Section 41A of Cr.P.C. She states that the Investigating Offcer is not very sure, M.M.Salgaonkar

2/2 18 ABA-3091-22+1.doc whether offence under Section 409 of IPC has been made out and considering the other Sections which are invoked, being Sections 406, 420 read with Section 34 of IPC, the Investigating Offcer shall follow the mandate prescribed under Section 41A of Cr.P.C. A statement is made that notice shall be issued within seven days from today.

Pursuant to which, the applicants shall appear before the Investigating Offcer within a further period of seven days. 2.

Upon the applicants appearing before the Investigating Offcer, he shall follow the mandate set out under Section 41A of Cr.P.C. and shall record reasons in writing, in case, he comes to the conclusion that the arrest is necessary. Before effecting the arrest for the purpose of custodial interrogation, he shall serve 72 hours notice to the applicants.

3.

With the aforesaid direction, the applications stand disposed off.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar