IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1896 OF 2008 CRIMINAL APPLICATION NO. 1896 OF 2008 CRIMINAL APPLICATION NO. 1896 OF 2008 Madhukar Shankar Gangurde. ... Applicant. V/s. The State of Maharashtra. ... Respondent. N.V.Gangal for the applicant. Ms.P.P.Shinde, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 18th June 2008. DATED: 18th June 2008. DATED: 18th June 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. By this application filed under section 438 of Code of Criminal Procedure, 1973 ("Cr.P.C." for short), the applicants are seeking pre-arreset bail apprehending their arrest in C.R.No.I-14/2008 registered with Mokhada Police Station, Thane for the offences punishable under sections 498-A and 306 of Indian Penal Code ("I.P.C." for short). 3. The applicant has approached this Court after suffering adverse order at the hands of the Additional Sessions Judge, Thane dated 27th May, 2008. Looking to the gravity of the matter, no case is made out to grant anticipatory bail. Investigation is still incomplete. Pre-arrest bail cannot be granted at this stage. The trial Court has rightly rejected the application for pre-arrest bail on the relevant consideration. In my considered view, this is not a case for grant of anticipatory bail. Application is, thus, liable to be rejected. 4. Since I am not inclined to accept the prayer for anticipatory bail, I propose to follow the route adopted by the Apex Court in the orders passed in Petitions for Special Leave to Appeal (Cri) Nos.4479/2008; 4486/2008; 4490/2008 dated 9th June, 2008 (unreported); wherein the Apex Court, while rejecting the prayer for protection under section 438 of Cr.P.C., has directed the petitioners therein to surrender before the concerned Court and move for regular bail with direction to the Court to dispose of the application on the day it is presented provided advance intimation is given to the prosecution. 5. Following the above route, the application for anticipatory bail is rejected. However, if the applicants surrender before the Sessions Court and move for regular bail, the concerned Court would do well to dispose of the application on the day it is - 3 - presented. Needless to mention that before the application for bail is moved, the prosecuting agency will be given 72 hours advance intimation as to the date on which the application is proposed to be moved. 9. In the meanwhile, by way of interim protection, prosecution is directed not to arrest the applicant for a period of one week. 6. It is needless to mention that rejection of prayer to grant anticipatory bail in terms of section 438 of Cr.P.C. shall not be considered as expression of opinion on the merits of the case. The regular bail Court shall be free to consider the question of grant of regular bail on its own merits. 7. In the result, application is rejected in terms of this order. JUDGE JUDGE JUDGE