1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1849 OF 2010 1 Madathingal Shekaram Soman ) 2 Venkatesh Nagappa Sandhya )..Applicants Vs. The State of Maharashtra )..Respondent ---- Mr. Shirish Gupte Sr.Advocate i/by M.K.Kocharekar for the applicants. Smt. M. H. Mhatre APP for the State. ---- Coram : R.S.MOHITE,J Date : 13th April, 2010 PC 1 This is an application for grant of anticipatory bail. The applicants are shown as accused in C.R.No.I-143/2010 registered by the Mahatma Phule Chowk Police Station, Kalyan, Dist. Thane for alleged offences under Sections 143, 147, 149 & 307 of IPC. The injured is one Mubarak Ali who was allegedly assaulted on 12.3.2010. The said Mubarak Ali expired on 27.3.2010 and thereafter section 302 has been added to the said crime. On perusing the record, it appears that immediately after the incident, Mubarak Ali himself had gone to the police station along with his brother. He however, lodged a complaint of assault against un-known persons. The post mortem notes do not indicate any injuries on him. The case of the complainant as given in the FIR is that when his brother was assaulted, he came there and he was told by his brother that he was assaulted by the applicants and some others. He states in his complaint that he accompanied his brother to the police station. In spite of this, NC against un-known persons has been lodged. APP 2 confirmed the fact that NC was lodged against un-known persons by the deceased himself on 12.3.2010. Post mortem notes do not indicate any external injuries on the body and the cause of death as shown in the post mortem notes is `shock due to extensive bilacoral pneumonitis with cerebral haemorhhage’. Prima facie it is doubtful if the cause of death which occurred on 27.3.2010 is related to some incident occurred on 12.3.2010. In the circumstances, in my view, this is a case where anticipatory bail ought to be granted. It is therefore, directed that in the event of their arrest in connection with C.R.No.I-143/2010 registered by the Mahatma Phule Chowk Police Station, Kalyan, the applicants may be released on bail in the sum of Rs.20,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating officer on every Monday between 11.00 A.M. & 3.00 P.M till the charge-sheet is filed and thereafter once a fortnight on every 1st and 3rd Mondays of the month till the disposal of the trial and subject to further condition that they will not tamper with the witnesses and will remain present on all dates of their trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3 4