1 ABA-868-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 868 OF 2011 1. Rahul Ramchandra Karande ) 2. Mauli @ Maruti Hanumant Thite ). Petitioners vs. The State of Maharashtra Respondent Mr. Milind Deshmukh, Advocate, for the petitioners. Mrs. P.P.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 19th October, 2011. P.C. 1. The petitioners seek anticipatory bail in Crime No.210 of 2011 registered at Varje Malwadi Police Station, District Pune, for the offences punishable under Sections 363, 341, 386, 323, 506(1) read with Section 34 of IPC. 2. The offence was registered on 20.9.2011 on the report lodged by one Mahadeo Hajare, who is the maternal uncle of Vinod Khute, who was allegedly abducted for demand of money. The offence was registered against unknown persons. Later on, Vinod was found and his statement was recorded. His statement 2 ABA-868-11.sxw reveals that he was working as an agent for Lokmanya Multitrade Pvt. Ltd. Company. The same company used to allure the people to invest money in their company by giving assurance of handsome returns. Vinod Khute was working as agent and he had also prompted and allured number of people to invest their money in the said company. Four accused persons, namely, Abhijeet Jadhav, Shripad Chavan, Mauli Thite and Rahul Karande were among those investors. They had invested amount of Rs.3.5 lakh in the said company through Vinod. They had also invested some more money in the said company. It appears that the directors of the company siphoned off the money invested by the people and the company was closed. The accused persons who happened to be old friends of said Vinod were insisting him to refund their amount which he did not or could not. On 18.9.2011 at 10.30 p.m., the accused persons came to his house and took him along with them in a car and thereafter he was confined at one place insisting that he should return the amount of Rs.3.5 lakh which was invested by them. Taking into consideration the facts as revealed from the statement of Vinod himself, it appears that the applicants had not abducted or kidnapped him with intention of extortion of some money as criminals but they wanted their money back which was invested through Vinod. Taking into consideration the facts and circumstances of the case, in my opinion, custodial interrogation of the applicants is not necessary. 3 ABA-868-11.sxw 3. Therefore, in the event of arrest in Crime No.210 of 2011, the applicants be released on their executing P.R. of Rs.10,000/- each with a surety in the like amount with condition that they shall make themselves available to police as and when required for the purpose of interrogation. (J.H.BHATIA,J.)