1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No 2883 of 2009 Anil and anr v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr V.M. Kitey, Adv for applicants Mr D.P. Thakare, APP for State Coram: A.P. Bhangale, J Dated : 17th August 2009 1. Applicants are seeking anticipatory bail in Crime No. 29/2009 registered with Police Station, Ballarsha under Section 353 read with Section 34 of the Indian Penal Code. 2. Heard learned counsel for the parties. It is alleged against applicant no. 1 that he caught collar of TC Mohanlal Meena and tried to snatch his book, but due to intervention of guards of ATM, further untoward incident could be avoided. Grievance of applicant no.1 was that said ticket collector had asked for ticket from one “fat person”. Learned APP admits that applicant no.2 was merely in the company of applicant no. 1. He, however, submits that there are criminal cases already pending against applicant no.1. 3. Be that as it may, it is not in dispute that offence alleged against the applicants is triable by the Railway Magistrate, Nagpur. In the circumstances, if the applicants appear before regular court i.e. Railway 2 Magistrate, Nagpur by formally surrendering themselves and apply for bail on merit, it would be proper course as regular court cannot be byepassed. 4. In the event of arrest in Crime No. 29/2009 registered with Police Station, Ballarpur for offence punishable under Section 353 read with Section 34 of the Indian Penal Code, applicants shall be released on anticipatory bail upon their executing PR Bond in the sum of Rs. 5,000/- each with one or more solvent sureties in the like amount. Applicants shall not tamper with prosecution evidence in any manner and shall attend Investigating Officer as and when required. Applicants shall leave their permanent address with telephone/cell phone number, if any, with the Investigating Officer and shall communicate change therein, if any, in future. Anticipatory bail order shall cease to operate at the end of 28th August 2009. Applicants shall formally surrender before the Railway Magistrate, Nagpur on or before 28th April 2009 and apply for bail on merit. Application stands disposed of accordingly. Judge. hsj