Md Ilyas Md Amin Ansari v. The State Of Maharashtra And ANR

18-ABA-3567-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3567 OF 2024 Md. Ilyas Md. Amin Ansari ...Applicant

Versus

The State of Maharashtra & Anr

...Respondents

Mr. D.S. Mhaispurkar, i/b Hrishikesh Pawaskar, Advocate for Applicant.

Smt. Shilpa G. Talhar, APP for Respondents.

PSI Mohite, Malegaon Police Station present.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE :

DECEMBER 26, 2024 (VACATION COURT) P. C.

1.

It is seen that a copy of this Application has not been served on the victim or her guardian. Since such service is an integral requirement under the Protection of Children from Sexual Offences Act, 2012, to enable such service to be effected, stand over to January 2, 2025. Liberty to apply in the interregnum once the service is completed.

2.

Learned Counsel for the Applicant submits that the Applicant Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.12.26 21:06:20 +0530 ASHWINI JANARDAN VALLAKATI shall present himself before the Investigating Officer at 11:30 a.m. December 26, 2024 Ashwini Vallakati

18-ABA-3567-2024.doc everyday until January 2, 2025, on which ground he ought not to be arrested since he would make himself available for participating in the investigation.

3.

In these circumstances, let the Application be mentioned before the next available Vacation Court or the Regular Bench no sooner than service of notice on the victim in terms of the requirement under the POCSO is complete. Until such time, the Applicant shall not be arrested provided he appears before the Investigating Officer as undertaken to this Court, everyday at 11:30 a.m.

4.

Stand over to January 2, 2025.

5.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[SOMASEKHAR SUNDARESAN, J.] December 26, 2024 Ashwini Vallakati