Bombay High CourtCRMAB/137/2015disposed of

Mr. Prateek Krishna Agrawal. v. State, Through P.I. Anjuna Police Station And ANR.,

2015-07-07Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION ( BAIL ) NO. 137 OF 2015 MR. PRATEEK KRISHNA AGRAWAL.

... Applicant

Versus

STATE, THROUGH P.I. ANJUNA POLICE STATION AND ANR., ... Respondents Mr. Ryan Da Piedade Menezes, Advocate for the applicant. Mr. M. Amonkar, Additional Public Prosecutor for the respondents. Coram:- C. V. BHADANG, J.

Date:- 7th July, 2015 P.C.

As the applicant is apprehending arrest in connection with the investigation of Crime No.54/2015, Anjuna Police Station, under Sections 376 and 506 of the Indian Penal Code, the applicant has approached this Court for anticipatory bail. By an order dated 13 May 2015, interim protection was granted to the applicant, which has been continued by an order dated 20 May 2015, on certain conditions. On behalf of the Investigating Officer, it was submitted that the presence of the applicant would be necessary for the purposes of DNA profiling, to ascertain the parentage of the child, as at the relevant time, the victim was eight months pregnant. The learned Additional Public Prosecutor, on instructions from the Investigating Officer, submits that except for the DNA profiling, the investigating agency does not need the custody of the applicant. The learned counsel for the applicant submits that the applicant is ready and willing to co-operate with the investigating agency, insofar as the

CRMAB/137/2015 aspect of DNA profiling is concerned.

2. On hearing the learned counsel for the parties and on perusal of the record, the following order is passed.

: O R D E R :

i) The ad-interim protection granted by order dated 20 May 2015 is hereby confirmed subject to the condition that the applicant shall attend Goa Medical College at Bambolim on 15 July 2015 or any other date as required by the Investigating Officer, for the purposes of DNA profiling.

ii) The applicant shall otherwise co-operate with the investigating agency and shall not tamper with the prosecution evidence or witnesses.

iii) The criminal application is allowed and disposed of in the aforesaid terms.

C. V. BHADANG, J.

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