1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.109/2011 ( Ajay S/o Ashok Rangari ..Vs.. The State of Maharashtra, through P.S.O., P.S. Imamwada, Nagpur.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.S. Band, Adv. for the applicant. Mr. S.M. Bhagde, A.P.P. for the respondent/State. CORAM : M.N. GILANI, J. DATED : 12.7.2011. 1. Heard. 2. On 22nd of March 2011 at about 1 a.m. in the night the person by name Santosh Pal was brutally done to death. He had sustained 33 injuries. The F.I.R. was lodged on the next day by his mother. During the course of investigation five accused persons came to be arrested. 3. The applicant moved this Court under section 438 of the Criminal Procedure Code for grant of anticipatory bail. This Court (Coram : P.D. Kode, J.) on 1st April 2011 granted interim protection with direction that the applicant should attend the police station for the purposes of interrogation. Again this Court (Coram : P.D. Kode, J.) on 18th of April 2011 after hearing the prosecution and the accused extended the interim protection. It was mentioned in the order that let there be T.I. Parade. Again this Court (Coram : P.D. Kode, J.) on 28th of April 2011 and on 2 6/5/2011 extended the interim protection. Thus how the application was not finally heard. 4. Learned A.P.P. for the respondent/State submitted a fresh reply dated 8/7/2011 stating that the custodial interrogation of the accused is necessary. 5. On instructions learned A.P.P. states that the chargesheet has already been submitted but still they want custody of the accused for further investigation. 6. In a case involving serious offence punishable under section 302 of the Indian Penal Code, the police have right to conduct custodial interrogation of the accused. Only on the ground that there exists no evidence or police has no material against the applicant/accused, the anticipatory bail in such serious offence cannot be granted. The custodial interrogation is a basic and primary stage in the matter of investigation and same cannot be denied to the Investigating Agency. If the accused continues to avoid his arrest, may be by seeking interim protection, there is a halt to the effective and proper investigation. In that light of the matter, application will have to be rejected. 7. Application is rejected 8. Considering the fact that interim protection continued from 1st of April 2011 till date, the same interim protection shall continue till 19/7/2011. JUDGE Tambaskar.