Br. Bhimarathod @ Shetty. v. State Of Goa, Through Police Inspector, Mapusa Police Station.

1 Crmab 135, 136 15

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION (BAIL) NO.135 OF 2015 WITH CRIMINAL APPLICATION (BAIL) NO.136 OF 2015 CRIMINAL APPLICATION (BAIL) NO.135 OF 2015 Mr. Jeetendra Shaba Ambekar, S/o late Shaba Ambekar, Aged 29 years, unmarried, business, R/O H. No.161, Lobo wado, Tivim, Bardez, Goa. ..... Applicant V e r s u s State of Goa Through Police Inspector, Mapusa Police Station, Mapusa, Goa (represented through Public Prosecutor) ....... Respondent CRIMINAL APPLICATION (BAIL) NO.136 OF 2015 Mr. Bhima Rathod alias Shetty S/o RupsingRathod, Aged 38 years, married, Business, R/O H. No.156/C, Khorlim, Mapusa, Bardez, Goa. ........ Applicant. V e r s u s State of Goa Through Police Inspector,

2 Crmab 135, 136 15 Mapusa Police Station, Mapusa, Goa (represented through Public Prosecutor) ....... Respondent Mr. Agha Iftikhar, Advocate for the Applicants. Mr. S. R. Rivankar, Public Prosecutor for the Respondent/State. CORAM: C. V. BHADANG, J.

DATE: 23RD JUNE, 2015.

ORAL ORDER:

Heard Mr. I. Agha, learned counsel for the applicants and Mr. S. R. Rivankar, learned Public Prosecutor for the Respondent/State.

2.

The applicants are apprehending arrest in connection with investigation of Crime No. 142/2015 registered under sections 365, 345, 504, 506 r/w 34 of I.P.C with the Police Station Mapusa. The applicants along with one Santosh Naik, who is the accused no.1 are the co-accused in the said offence. These applications have been filed by the applicants seeking anticipatory bail. 3.

It is submitted by the learned counsel for the applicants that the complaint was filed by the daughter of the accused no.1

3 Crmab 135, 136 15 against the complainant in respect of certain incident on the basis of which the police had registered a non cognizable case being Case No.139/2015 under section 427 of I.P.C. It is submitted that as a counter blast to the same, a complaint came to be lodged against Mr. Santosh Naik, accused no.1 and the present applicants alleging that the complainant was abducted and assaulted by means of a knife and other weapons and wrongfully confined. It is submitted that the complaint is false and is lodged as a counter blast to the complaint filed by the daughter of the accused no.1. It is submitted that the applicants are ready to co- operate with the investigating agency. 4.

The learned Public Prosecutor, on instructions, from the Investigating Officer, makes a statement that the investigating agency does not need the custody of the present applicants at this state. It is submitted that appropriate orders be passed in so far as the present applicants are concerned.

5.

Having regard to the submissions made at the bar, the criminal applications are allowed in the following terms: (i) In the event of arrest in connection with the investigation of crime no.142/2015 of Mapusa police station, the applicants

4 Crmab 135, 136 15 shall be released on bail on each of the applicants executing personal bond of Rs.15,000/- (Rupees Fifteen thousand only) with one surety in the like amount.

(ii) The applicants shall not tamper with the prosecution evidence or witnesses and shall co-operate with the investigating agency. (iii) The applicants shall attend the Police Station Mapusa every week on Monday in between 10 to 12 noon until further orders.

6.

The criminal applications are disposed in the aforesaid terms.

C. V. BHADANG, J.

ap/-