1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.602 OF 2010 The State of Maharashtra ...Applicant. v. Shri Sandesh Ankush Kudu ...Respondents. Smt.G.P.Mulekar, APP For the Applicant/State. Shri Prakash Naik a/w Shri Pawan Mali, advs. For the Respondents. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 15, 2011. P.C. 1 The trial Court granted anticipatory bail to the accused on 26.10.2009. This application was filed for cancellation of anticipatory bail by the State. However, the learned APP, at the outset, made a statement that she will not press for the cancellation of anticipatory bail but only wants that the accused should be directed to make himself available to the police for the purpose of interrogation and investigation. She pointed out that in the impugned order dated 26.10.2009, no such direction was given by the Sessions Court and, therefore, in spite of notice given by the police, applicant did not appear. The learned counsel for the respondent/accused contends that he had attended the police station on three occasions when interim anticipatory bail was in force. 2 The learned APP concedes that before interim anticipatory bail was made absolute by the order dated 26.10.2009, the accused had attended the police station on three occasions but because the police officer was busy in Bandobast, accused could not be interrogated. In fact, the Sessions Court while making the interim anticipatory bail absolute, should have directed accused to make himself available to the police as and when required for the purpose of interrogation. The accused is neither arrested nor because of grant of anticipatory bail, he was available to the police for the purpose of interrogation and, therefore, investigation of the case can not be conducted properly. Therefore, the order needs to be modified so that the applicant could be available to the police for interrogation. 2 Therefore, application stands disposed off with the following directions: i Accused/respondent shall attend Satpati Police Station on next Monday on 21st February, 2011 at 11 a.m. and on any other day and time as Investigating Officer may require him for the purpose of interrogation and he shall fully co-operate with the police for the purpose of investigation. (J.H. BHATIA,J.)