Amin Noorali Rangara v. The State Of Maharashtra

Sknair 949-aba-2275-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2275 OF 2018 Amin Noorali Rangara ... Applicant Vs.

State of Maharashtra ... Respondent ...

Mr. R.R. Pandey for the applicant.

Mr. A.R. Kapadnis, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 1st NOVEMBER, 2018.

P.C.

1.

Applicant is seeking protection under Section 438 of Code of Criminal Procedure. The applicant is a resident of Mumbai. Complaint has been filed against him in the Court of Metropolitan Magistrate Fast Track-II, Court, Egmore, at Allikulam, Chennai, Tamil Nadu. The said complaint is filed for an offence punishable under section of 138 of Negotiable Instrument Act vide C.C. No. 5056 of 2014. It is submitted that on account of personal difficulty the applicant could not appear before the trial Court and hence non-bailable warrant was issued against him and other accused. One of co-accused in C.C. No. 5056 of 2014 was arrested and remanded in judicial custody. Applicant is willing to appear

Sknair 949-aba-2275-18.odt before the trial Court, however, he apprehends that he would be arrested. Learned counsel for the applicant placed reliance on several decisions in support of the maintainability of this application. It is submitted that applicant be granted protection for a period of three weeks to enable him to appear before the trial Court for seeking appropriate relief.

2.

Considering the submissions advanced by the applicant, I pass the following order.

ORDER

i) In the event of arrest of applicant in connection with nonbailable warrant dated 4th June, 2018 issued by Metropolitan Magistrate's Fast Track-II, Court, Egmore, at Allikulam, Chennai, Tamil Nadu in C.C. No. 5056 of 2014, the applicant be released on bail on furnishing P.R. Bond of Rs.20,000/- with one or more sureties in the like amount.

ii) This protection is granted for a period of three weeks to enable the applicant to approach the appropiate Court for seeking appropriate relief.

iii) Application stands disposed off.

by Sachidanand Kuttan Nair Date:

2018.11.03 15:17:17 +0530 ( PRAKASH D. NAIK, J. ) Sachidanand Kuttan Nair