*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3354/2009 Karthikeyan @ Kamal Kaliya Murthy and others. ..Applicants -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Ramesh Dube Patil i/b M/s Jay and Company, Advocate for the Applicants. Mrs.P.P.Shinde, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 05th August, 2009. PC:- 1 The Applicants are apprehending arrest in Crime No.I-263/2009 for the offences punishable under Sections 147, 148, 149, 395, 427, 109 of the Indian Penal Code and Section 135 of the Bombay Police Act. 2 Perusal of the complaint reveals that a procession was taken out with a view to condemn the arrest of one Kailash Mudliyar by the Police. The procession turned roudy and it is stated that the present Applicants along with Mahesh Borade and Sunny Saket had attacked the shop of the Complainant causing loss to the tune of Rs.5,000/-. It is further alleged that Mahesh Borade and Sunny Saket have forcibly taken four mobile phones from the shop *2* of the Complainant. 3 The learned counsel for the Applicants, placing reliance on the order passed by the learned Single Judge of this Court dated 01.07.2009 in Criminal Application No.2804/2009, has submitted that the Complainant has stated in the supplementary statement recorded on 01.05.2009 that the stolen articles were in custody of his brother and he produced the same in the Police Station. Placing reliance on the supplementary statement of the Complainant and being of the view that on account of production of the mobile phones by the Complainant himself, nothing is to be recovered from the accused Mahesh Borade and thus, custodial interrogation is not necessary, therefore, he came to be granted anticipatory bail. Mahesh Borade who has been granted anticipatory bail is categorically named as one of two persons who forcibly snatched the mobile phones from the shop. 4 The role attributed to the present Applicants is only regarding the breaking of furniture and causing loss. As the main accused against whom the categorical allegations are made touching the commission of offence under Section 395 of the Indian Penal Code is granted bail, this application needs to be allowed. In the result, I pass the following order:- (i) In the event of arrest of the Applicants or any of them, they/he be released on bail on execution of a personal bond in a sum of Rs.10,000/- each together with one or two sureties in the like amount subject to further condition that they shall attend the Nashik Road Police Station daily between 5:00 to 7:00 pm and shall continue to so attend till the filing of charge sheet or for a period of *3* two months from today whichever is earlier. The Applicants shall also abide by the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. The Application is allowed accordingly. (A.P. Deshpande, J)