1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1522 of 2010 Kamalkishor Ramprasan Rathod ..VERSUS.. State of Mah, through P.S.O., P.S., Ramtek, Dist. Nagpur. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.P.Kalmegh, Advocate for the applicant. Mr. J.B.Jaiswal, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 14 th Octo ber , 2010 . Heard. By the present application, the applicant has prayed for grant of anticipatory bail in Crime No. 21/2010, registered against him at Police Station, Ramtek, Dist. Nagpur for the offence punishable under Section 409 of Indian Penal Code. The case in brief is that the applicant was incharge of Malkhana of Police Station, Ramtek since 01.9.2005. The P.S.O., P.S., Ramtek had asked the applicant to give the account of Malkhana, but he failed to do so. Hence, on the complaint of complainant Baburao Khandare, P.I., Ramtek Police Station, Crime No. 62/2009 was registered against the applicant and he was arrested. The Malkhana was sealed. In the meantime, annual inspection was started and during the inspection it was found that there is shortage of an amount of Rs.38,889/- so also 5 mobile hand sets were found missing from Malkhana. Therefore, on the report of S.D.P.O., Ramtek the present crime came to be registered against the applicant. The State has filed reply and opposed the application. Learned Advocate for the applicant has submitted that there is usual practice to have annual inspection of Malkhana, but not a single previous inspection report is placed on record. In Crime No. 62/2009, the applicant has already been released on bail by the 2 Sessions Court. The applicant has been falsely implicated in the present crime. The applicant is apprehending arrest and therefore, the learned Advocate has prayed for protection to the applicant in the present crime. I have perused the reply and the record produced before the Court for perusal. Though, it is stated in the reply that on various occasions, the applicant was given oral notices as well as written orders to submit the account of the Malkhana, no such orders are placed on record. By the order dated 30/9/2010, ad-interim protection was granted to the applicant on certain conditions and investigating agency was also permitted to call upon the applicant to cooperate the investigating agency. There is nothing on record to show that any notice was given to the applicant to attend the Police Station for enquiry so also nothing has been placed on record to show that the applicant has flouted any conditions. Learned Advocate for the applicant submits that the applicant is ready to cooperate the investigating agency to show his bonafides, if anticipatory bail is granted to him. Prima facie, case is made out by the applicant for grant of anticipatory bail. The ad-interim protection granted by this court to the applicant by order dated 30/9/2010 is hereby confirmed on same terms and conditions with an added condition that the applicant to attend Police Station on every 1st and 4th Sunday of the month between 9.00 a.m. to 12.00 p.m. till filing of the charge sheet. Criminal Application is allowed in above terms and disposed of as such. JUDGE 3 Diwale