Airavati Lakshman Madiwal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1596 OF 2015 Sou. Airavati Lakshman Madiwal .. Applicant v/s.

The State of Maharashtra ..Respondent Mr. Umesh R. Mankapure for the applicant Mrs. R.V. Newton, APP for respondent State CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 20th NOVEMBER, 2015.

P.C.

1.

This is an application for anticipatory bail filed by the applicant, apprehending her arrest in C.R. No.30 of 2015, registered at Bhilawadi Police Station, Dist. Sangli for the offence under Sections 352B, 392, 454, 323, 504, 34 and 506 of the IPC. 2.

The learned Counsel for the applicant has submitted that there are no serious allegations against the applicant and that her presence is not required in the custody.

3.

The learned APP for the State has submitted that there is a civil dispute pending between the complainant and the applicant. There is possibility of the applicant interfering with the family members of the complainant and tempering with the evidence. 4.

I have considered the submissions of the learned Counsel for the applicant and the learned APP for the State. I have also perused the records. The FIR prima facie reveals that on 23.09.2015 at about 9.15 a.m. she had received information that the applicant herein and their father Laxman had trespassed into their house and were throwing out their household articles. The FIR further reveals that when the complainant and her husband had gone to the house, they had seen the applicant throwing out their household articles. The allegations levelled against the applicant are not grave or serious in nature. The applicant is a woman and is the permanent resident of village Khatav, Tal. Palus, Dist. Sangli and that there is no possibility of the applicant absconding or fleeing from the course of justice.

5.

Under the circumstances, the application is allowed on the following terms and conditions.

(i) In the event of arrest of the applicant in C.R. No.30 of 2015, the applicant is ordered to be released on bail on furnishing bail bonds of Rs.20,000/­ with one surety in the like amount to the satisfaction of the learned J.M.F.C., Palus.

(ii) The applicant shall report to the Investigating Officer for four days from 10.00 a.m. to 1.00 p.m. or as and when required by the I.O. for the purpose of investigation and interrogation. (ANUJA PRABHUDESSAI, J.)