1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5770 OF 2009 Sagar Shridhar Dond .. Applicant V/s The State of Maharashtra & Anr. .. Respondents ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Ashutosh Khandeparkar for the applicant. Ms. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 13TH JANUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with Cyber Crime Cell C.R. No.1 of 2009. 3. The applicant has received a summons dated 19th November 2009 from the Inspector 2 of Police, Cyber Crime Cell, Crime Branch, C.I.D., Chennai-32 asking him to attend his office for recording his statement in connection with a sum of Rs.6,560/- involved in a cheating case. 4. The applicant does not know the details of the crime. His case is that a foreign citizen whom he had met in a chemist shop and had befriended him, requested him to give him a sum of Rs.6,560/- stating that he was to receive some amount from others and on receipt he would credit it in the account of the applicant. Accordingly, the applicant gave him the sum of Rs.6,560/-. The amount of Rs.6,560/- was subsequently credited by the said foreigner in the account of the applicant. 5. It appears from the summons that the said sum of Rs.6,560/- was obtained by the said foreigner by means of cheating others and therefore a statement of the applicant is 3 required to be recorded by the police. The applicant says that he apprehends that while he is called to Chennai for recording his statement, he would be arrested under some false charge. In the circumstances, he seeks pre-arrest bail to enable him to apply for regular bail in the event he is arrested by the Chennai Police. 6. Learned counsel for the applicant submits that the applicant is a student, but simultaneously is also teaching in Shankarwadi School and has a permanent place of residence in Mumbai at the address mentioned in the title of the application. He has made no attempt to evade legal process and has not absconded even after the receipt of the summons dated 19th November 2009. He is a law abiding citizen and would cooperate with the investigation. 7. In view of the facts and circumstances of the case, in my view, the applicant can be granted pre-arrest bail for a limited period of 4 time. Hence, I pass the following order: ORDER (i) In the event the applicant is arrested in connection with the C.R. No.1 of 2009 registered at Crime Branch, C.I.D., Cyber Crime Cell by Chennai Police, the applicant shall be released on bail on his executing personal bond of Rs.10,000/- with one surety of the like amount or in the alternative cash surety of Rs. 10,000/-, subject to the condition that the applicant shall cooperate with the investigation and shall attend the concerned police station as per the summons dated 19th November 2009. (ii) This order shall remain in force for a period of 12 weeks or till the charge-sheet is filed, whereafter the applicant shall be entitled to apply for regular bail before the appropriate court. (iii) Certified copy is expedited. (D.G. KARNIK, J.)