1appln-2974-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 2974 of 2010 (FOR ANTICIPATORY BAIL) Shri Kundalik Namdeo Khutale .. Applicant. versus State of Maharashtra .. Respondent. Mr Vivek Gore, for the Applicant. Mr S. N. Gavade, A.P.P. for the State. CORAM:- A.R. JOSHI, J. DATE :- 29TH JULY, 2010. P.C.:- 1. Heard rival submissions at length on this anticipatory bail application preferred by the applicant apprehending his arrest in A.D.R.No. 13/2010 registered with Rasayani Police Station, District Raigad. 2. One Janardan Khusa Mali, (hereinafter referred as the deceased) was found dead near the railway line by the side of village where he 2appln-2974-10 was residing. His sister, Smt Archana Mhatre, the first informant, received a telephone message regarding deceased lying under the tree. She went to the spot and found her brother in unconscious condition. He was taken to nearby hospital, however, was declared dead. Accidental death report bearing No.13/2010 was registered by the police. On the next date, allegedly rat poison wrapped in one packet was found nearby the place where the dead body was found and it was produced by some other person to the police and it was taken charge of under the panchnama. Again, on the next date, one hand-written note was found in the shirt pocket of the deceased, which was lying in the house. It was found by daughter of the deceased, namely, Jyoti. It appears that in not so visible hand-writing some eight lines were written in which there are allegations against one “Pundalik Khutle” as he had deceived the deceased by grabbing the landed property belonging to the deceased and due to this the deceased was committing suicide and in the said act there is no role played by his relative such as mother, sister and wife. Therefore, the applicant is apprehending his arrest at the hands of police, though the matter is still at Accidental Death Register Number and no any concrete F.I.R. has been lodged against the applicant. 3appln-2974-10 3. Considering the circumstances and considering that till this time the final cause of death is not yet ascertained and still considering that according to the police report sent to the Civil Surgeon for obtaining post-postmortem report, mentioning that probably it might be the death due to epileptic attack and still considering that till today there is no C.A.report produced as to what is the exact cause of death, it would be far fetched to accept theory of the police that probably due to the act of the present applicant, deceased might have committed suicide. In other words, even accepting that the name of the present applicant is appearing in such hand-written note, allegedly found on the next date of finding a dead body, it cannot be said that the custodial interrogation of the present applicant is necessary. In the result, present application can be allowed till filing of the charge sheet on certain conditions to attend concerned police station. In the result, the following order is passed. ORDER (a) In the event of arrest of the applicant in the matter of A.D.R. No.13/2010 regarding death of one Janardan Kusha Mali, he shall be released on bail on his executing P.R.bond of Rs.15,000/- with 4appln-2974-10 one surety in the like amount. (b) In the event of such arrest and on availing anticipatory bail, the applicant shall attend concerned Rasayani Police Station on every Monday between 10-00 a.m. to 12-00 noon till filing of the charge-sheet. (c) This anticipatory bail shall remain in force till filing of the charge-sheet. Needless to mention that in the event of filing of the charge-sheet, the applicant to apply for regular bail before the appropriate Court. Application is accordingly disposed of. (A.R.JOSHI,J) LRS-PA