MP 1 ABA885_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 885 OF 2011 Mangesh Tukaram Sawant ... Applicant Versus The State of Maharashtra and another ... Respondents Mr. A. P. Mundargi, Senior Counsel i/b. Mr. Sachin A. Mhatre, for the Applicant. Smt. P. P. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 21ST OCTOBER 2011 P. C. : The applicant seeks anticipatory bail in Crime No.278 of 2011 registered with Kandivali (West) Police Station for the offences punishable under Sections 448, 451, 453, 427, 109 r/w. Section 34 of the Indian Penal Code. 2. It appears that originally the offence was registered under Sections 448, 451, 427, 109 r/w. Section 34 on the report of one Veluswami. It was alleged that Amit Chaube and three other persons had come to the premise of the applicant to take forcibly possession at the behest of the present applicant Mangesh Sawant who was interested in taking over the property for redevelopment under Slum Rehabilitation Scheme. The accused persons were granted bail as all the offences were bailable. Thereafter, Section 453 of the Indian Penal Code was added. Section 453 provides punishment for lurking house-trespass and offence is non-bailable. 3. The learned Senior Counsel for the applicant pointed out that S.R.A. has already given letter of intent in favour of the applicant for development of that MP 2 ABA885_11 property and the complainant Veluswami has been declared to be ineligible for rehabilitation under that Scheme. The learned Counsel for the applicant contends that Section 453 was added only to deprive the applicant from being released on bail. On perusal of the F.I.R., prima facie, no case is made out under Section 453 of the Indian Penal Code and that the said Section appears to have been added with intention to arrest the accused in a non-bailable offence. 4. In view of the above circumstances, in the event of arrest in Crime No.278 of 2011, the applicant be released on his executing P.R. of Rs.15,000/- with one surety in the like amount with condition that he shall make himself available to the police for investigation / interrogation as and when required. (J. H. BHATIA, J)