MP 1 ABA244_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 244 OF 2011 Dharam H. Brahmbhatt and others ... Applicants Versus State of Maharashtra and another ... Respondents Mr. S. N. Raj, Advocate for the Applicant. Ms P. P. Shinde, APP for the Respondent State. Mr. D. A. Nalavade, PP for Respondent No.2. CORAM : J. H. BHATIA, J. DATE : 5TH OCTOBER 2011 P. C. : The applicants seek anticipatory bail in C.R. No.5/2009/M registered with Moti Daman Police Station on a report lodged by one Meenaben Agrawal. 2. The complainant Meenaben had filed the complaint, and on the basis of that complaint, the learned Magistrate, Daman had directed the police to make investigation under Section 156(3) of the Code of Criminal Procedure. On the basis of that order, the F.I.R. came to be registered at the police station. As per the complainant, the accused persons had formed a company and had allured the people to make investments by giving assurance of handsome returns and after the amounts were invested, they siphoned of the same and failed to refund the money. In the complaint, there is allegation of investment made by 38 persons and the total amount is shown to be Rs. 5,46,700/-. 3. The learned Counsel for applicants contends that earlier on a similar complaint, C.R. No. 3 of 2004 was registered at Kalachowki Police Station, Mumbai and the applicants were arrested and granted bail. He also contends that another case being Crime No. 5 of 2005 was registered by the Crime MP 2 ABA244_11 Branch (EOW) wherein also bail was granted. A similar case was also registered at Mahatma Phule Police Station, Kalyan wherein the applicants were granted bail after arrest. According to the applicants, the allegations and the investments which are the subject matter of the present case were the subject matter of the previous cases also. The learned PP states that total amount involved is more than Rupees Eighteen Crore and that the amount involved in the present case was the subject matter of the previous cases also in which the applicants were arrested and released on bail. 4. It appears that on the basis of similar allegations and in respect of some of the transactions, which were covered in the previous cases, a fresh case is filed by complainant Meenaben and C.R. No.5/2009/M has been registered at Moti Daman Police Station. As, for the same case, the applicants were arrested and granted bail in the year 2005, custodial interrogation is not necessary for the same case again on the basis of the report lodged by some other investor. 5. Therefore, in the event of arrest in C.R. No.5/2009/M, the applicants be released on their executing P.R. of Rs. 25,000/- each with one surety in the like amount with a condition that they shall make themselves available to the police as and when required for interrogation / investigation. (J. H. BHATIA, J)