1 ABA 309.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 309 OF 2011 Smt. Shalan Vithoba Borade. .. Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. Umesh R. Mankapure for the Applicant. Mrs. G.P. Mulekar, APP for the State. CORAM : A.M. THIPSAY, J. DATED : 21st JUNE 2011. P.C. :- Heard. 2. I have gone through the F.I.R. One Smt. Malan committed suicide on 3.3.2011 by hanging herself. On 10.3.2011, her brother Narayan lodged a report with the Police stating that the said Malan was ill-harassed by six persons, named in the F.I.R., and the present Applicant, who appears to be the Official Superior of the said Malan in the Tikondi Health Centre, where malan was working. There is an allegation in the F.I.R. that the Applicant had not granted leave to the said Malan and had asked her to work on a holiday. It is stated in the F.I.R. that the said six persons, and the Applicant are responsible for the suicide, committed by Malan. 2 ABA 309.11.sxw 3. A suicide note was left by Malan but, admittedly, she has not held anybody responsible, for her death. 4. The allegation in the F.I.R. against the Applicant is, prima-facie, absurd. 5. Even if it is held, for argument’s sake, that Malan committed suicide because the Applicant did not grant leave to her, the act of the Applicant - of not granting leave - cannot be construed as abetment to commit suicide. 6. considering the nature of the allegation, I am inclined to grant Anticipatory Bail to the Applicant. 7. In the event of the arrest in C.R.No.14 of 2011, the Applicant be released on bail by executing a personal bond in the sum of Rs.5,000/- on the condition that she shall remain present before the Investigating Officer and make herself available for investigation/interrogation on 27th June 2011, and thereafter, as and when required by the Investigating Officer. (A.M. THIPSAY,J.)