ABA 415/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.415/2011 Anandkumar Tiwari APPLICANT VS. State of Maharashtra RESPONDENT Adv.K.S.Shukla with Adv.D.G.Kothari for the applicant Ms.A.A.Mane,APP for State Shri.Kiran Chougule,I.O.PSI present CORAM- MRS.MRIDULA BHATKAR,J. DATE - 11th MAY, 2011. P.C. . This application is preferred for the anticipatory bail u/s 438 of Cr.P.C.. 2 C.R.No.1/114/11 is lodged by the Manpada Police Station for the offences punishable u/s 380,464,and 420 of the Indian Penal Code against the present applicant. It is alleged that the applicant/accused is a businessman and was acquainted with the original complainant. The accused with the help of one girl, who was the employee of the original complainant has stolen the two cheques, one of Rs.15 lacs and the amount of the other cheque is not mentioned in the F.I.R.. The original complainant has informed the concerned bank about the loss of two cheques and, ABA 415/2011 2 therefore, the first cheque of Rs.15 lacs was not honoured by the bank when it was presented. The second cheque was never presented to the bank. Thus, no actual financial loss is caused to the original complainant. However, the APP while opposing this application has submitted that an offence of attempt of cheating and to cause wrongful loss to the complainant is committed by the applicant. 3 The complaint was lodged on 20/4/2011. Application for anticipatory bail was moved to the Sessions Court on 24/4/2011. While rejecting the application on 30/4/2011 the learned Sessions Judge has pointed out that the prosecution has shown apprehension that the accused is to be interrogated regarding the second cheque. 4 Considering the nature of the offence and the purpose of interrogation, this application for anticipatory bail is to be allowed. Hence the order. O R D E R In the event of the arrest, the applicant be released on bail of Rs.20,000/- with one or two sureties in the like amount (one surety of Rs.20,000/- OR two sureties of Rs.10,000/- each). ABA 415/2011 3 The applicant is directed to attend the concerned police station on Monday and Tuesday between 4 p.m. to 6 p.m. . The applicant is directed not to tamper with the prosecution evidence. (MRS.MRIDULA BHATKAR,J.)