IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4361 OF 2008 Vinod Gopinath Nakhwa ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri K.S. Patil for Applicant Shri Rajesh More APP for State ---- CORAM: V.M. KANADE J. DATED 5TH JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. This is an application for anticipatory bail filed by the Applicant against two complaints lodged at the Mandva Coastal Police Station, Dist. Raigad for the offences punishable under sections 395, 143,147, 148, 149, 452, 324, 323, 504 of the Indian Penal Code. 3. It is the case of the Complainant that the Applicant and 22 others had entered in the house of Gajanan Koli and assaulted him and his family with sticks. The role attributed to the present Applicant is that he had assaulted Pradeep Koli with a stick on his head. 4. It is submitted by the learned Counsel appearing on behalf of the Applicant that a cross complaint also has been filed against the Complainant and his supporters. He submitted that initially the said incident had taken place on account of political rivalry. He invited my attention to the order passed by the Sessions Court granting anticipatory bail to the Accused Nos.3 to 24 for a period of two months. He submitted that the application filed by the Applicant was rejected. He, therefore, filed an application in this Court. This Court has set aside the impugned order passed by the Sessions Court and remanded the matter back to the trial court for fresh hearing and, thereafter his application was rejected. 5. The learned Counsel for the Applicant has invited my attention to the observations made by the Trial Court that the police had not arrested him though he was not absconding. 6. Taking into consideration the fact that a cross complaint has been filed against the Complainant and others and the only role attributed to the present Applicant is that he had assaulted one of the witnesses with the stick and admittedly, the injury caused is a simple injury, in my view, a prima facie case is made out for grant of interim anticipatory bail. 7. In the event the Applicant is arrested in Crime no.I-3 of 2008 registered at Mandva Coastal Police Station, Dist. Raigad for the offences punishable under sections 395, 143,147, 148, 149, 452, 324, 323, 504 of the Indian Penal Code, the Applicant shall be released on bail on execution of P.R. bond of Rs.25,000/- with one or two solvent sureties in the like amount. The Applicant shall report to the concerned police station once in a week till filing of the chargesheet. The order shall remain in force for a period of four weeks. In the meantime, the Applicant may approach the regular Court for regular bail. 8. Application is, accordingly, allowed and disposed of. V.M. KANADE J.