{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3844 OF 2009 1. Vijay s/o Vithoba Parihar Age-28 years, Occ-Agriculture 2. Sunil s/o Nana Chavan, Age-30 years, Occ-Agriculture 3. Prakash s/o Madhavrao Chavan Age-32 years, Agriculture All R/o Kumbharzari, Tq-Jafrabad Dist-Jalna APPLICANTS VERSUS 1. The State of Maharashtra 2. The Police Sub Inspector, Tembhurni police station, Tq-Jafrabad, Dist-Jalna RESPONDENTS ....... Mr.V.D.Hon h/f Mr.A.D.Shinde, Advocate for applicants Mr.N.R.Shaikh, APP for the respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 16 th November 2009 PER COURT: 1. By the present application, the applicants are seeking {2} anticipatory bail in connection with CR No.61/2009 registered with Tembhurni police station for the offence punishable u/s 153, 147, 148, 149, 341, 323, 324, 353, 504 and 506 r/s 34 of the Indian Penal Code. 2. Heard learned counsel appearing for the applicant followed by the submissions of the learned APP appearing for the State. 3. Perusal of the compliant reveals that when a procession of the winning party was in progress on 22 nd October 2009 and when it reached in front of a statue the applicants, along with other 8 persons, who are allegedly members of unlawful assembly, throw chilly powder and assaulted the participants and the police staff. It appears that the compliant came to be lodged on the same day within some hours. Perusal of the complaint does not disclose any overtact or role played by the applicants except that they were with the other accused persons, whose names are appeared in the complaint. 4. In the premise, it appears that the compliant is totally silent in respect any orvertact and except mere presence of the applicants no specific role is attributed to the applicants. In the premise, case if made out to enlarge the applicants on anticipatory bail in the event of their arrest in connection with the aforesaid crime. {3} 5. In the result, the application is allowed. In the event the applicants are arrested in connection with CR No.61/2009 they be released on bail on furnishing surety in the sum of Rs.10,000/- each and on executing PR bond in the like amount. This protection is granted for a period of 6 weeks from today and within mean time the applicants may apply for regular bail. The application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3844-09