1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5641 OF 2009 Selvaraj Nadar .. Applicant V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. H.S.S. Murthy i/b Mr. A.S. Singh for the applicant. Mr. S.A. Shaikh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 11TH JANUARY 2010 P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. Perused the affidavit filed on behalf of the State. 2. By this application, the applicant prays 2 for pre-arrest bail in connection with C.R. No. 339 of 2009 registered against him Bangur Nagar Police Station, Goregaon for the offence punishable under sections 326, 323, 427 read with 34 of the I.P.C. 3. The case of the prosecution is that the applicant along with other accomplices assaulted the victim Ramchandra Nadar. The applicant is alleged to have assaulted Ramchandra with a koyta (sickle) and his accomplices are alleged to have used iron rods. Blows were given on the head as well as shoulder. 4. Police investigation is going on. In the affidavit, the Assistant Inspector of Police has stated that the weapons used are yet to be recovered. Learned A.P.P. submits that in the circumstances custodial investigation of the applicant is necessary. 3 5. I am of the view that the request by the police for custodial investigation is proper in the facts and circumstances of the case. 6. For these reasons, the application for anticipatory bail is rejected. 7. At the request of the learned counsel for the applicant, the interim order previously granted is continued for a period of 4 days on the condition that during this period the applicant will attend the police station everyday between 11.00 a.m. and 1.00 p.m. If the applicant fails to attend the police station on any of these 4 days, he shall be arrested forthwith. (D.G. KARNIK, J.)