1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3008 of 2009 Avinash v. State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.A. Naik, Advocate for applicant Mr D.P. Thakare, APP for State Coram : A.P. Bhangale, J Dated : 31st August 2009 1. Heard Mr Naik, learned counsel for applicant and Mr Thakare, learned Additional Public Prosecutor for State. Applicant is apprehending his arrest in crime no. 271/09 registered with Police Station, Wardha (Rural) under Sections 307, 147, 148 and 149 of the Indian Penal Code read with Sections 4 and 25 of the Arms Act. Interim anticipatory bail was granted to the applicant by this Court vide order dated 5th August 2009. 2. Learned Additional Public Prosecutor opposed bail 2 application on the ground that antecedents of the applicant not clear and he being a criminal minded person, bail should be refused to him. 3. It is borne out from record that applicant also lodged FIR No. 271/09 against complainant in respect of the same incident. Learned counsel for the applicant that applicant has not so far recovered and he is undergoing follow-up treatment. He submits that if prosecution feels that custodial interrogation of the applicant is necessary, applicant would surrender to investigating agency and his custody may be permitted for a limited period and thereafter he may be directed to be released on bail for which any stringent conditions can be imposed. 4. It is no doubt true that after a person is arrested and his custodial investigation begins a confrontation arises which at best may be termed unequal. The investigators are well-trained and seasoned in their work and they employ all methods to extract truth from the suspect. Custodial interrogation becomes necessary to book real culprit. Be that as it may, the course suggested by learned counsel can be accepted in view of order of the Apex Court in Abdul Hamit Ansari v. State of Maharashtra 3 reported in 2000 SCC (Cri) 1505. 5. Hence, as undertaken on behalf of the applicant, applicant shall surrender himself to investigating agency within fifteen days from today. Investigating agency is permitted to retain applicant in its custody for interrogation into the crime in question for a period of three days. After completion of three days or interrogation whichever is earlier, applicant be released on bail upon his executing PR Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. Applicant shall not try to tamper with prosecution evidence in any manner and he shall not communicate with any prosecution witnesses. He shall not commit any crime while on bail. He shall attend Investigating Officer as and when called till the charge-sheet is filed. Applicant is directed to furnish his permanent residential address and telephone/ cell phone number, if any, to the Investigating Officer and shall inform change, if any therein, in future. Needless to mention, in case of violation of any of the conditions of bail, Investigating Officer shall be at liberty to apply for cancellation of bail. Hamdast. Judge. 4 hsj