1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 2472 of 2009 ( Kishor Baiju Kaithel vs. State of Maharashtra) ----------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ---------------------------------------------------------------------------------------------------------- Mr R N Khare Adv. For applicant Mr D P Thakare APP for Respondent Coram: A.P. Bhangale, J. Dated : 23rd July, 2009 Heard submissions at the Bar. 2. The applicant is apprehending his arrest in respect of Crime No. 60/2009 reported at Samudrapur Police Station, District Wardha. The First Information Report was lodged against one Dilip Nagrale and 15 others upon accusation that Dilip Nagrale and others formed an unlawful assembly and assaulted a servant in the godown situated in the agricultural field in respect of which a Civil Suit is pending at Civil Court, Wardha. According to learned Advocate for the applicant, the main accused Dilip Nagrale against whom complaint was made is already granted anticipatory bail by the learned Ad-hoc Addl.Sessions Judge Wardha on 14.7.2009. The name of the present applicant also figured in the statement of the co-accused recorded by the Investigating agency. However, according to learned Advocate for the applicant the applicant was admittedly not present at the place of the incident. It is only alleged that co-accused had received a phone call from Nagrale. It is further alleged that the applicant Kaithel had sent some labourers to carry on the articles from the godown. The applicant was granted benefit of interim anticipatory bail on 2nd July, 2009 that in the event 2 of his arrest in respect of Crime No.60/2009 reported at Samudrapur Police Station, he shall be released on executing PR bond in the sum of Rs. 25,000 with condition that he shall report at Samudarpur Police Station as and when directed by the Investigation Officer, for the purposes of investigation and further that he shall not directly or indirectly tamper with the prosecution evidence. According to learned Advocate for the applicant although applicant had visited Samudrapur Police Station, he was neither arrested nor interrogated. Furthermore, he is ready to abide by the conditions of bail order and cooperate with the investigation. 3. Considering the fact that main accused is already granted interim anticipatory bail and that the name of the present applicant had figured in the statement of the co-accused, the conditional anticipatory bail as granted on 2nd July 2009 needs to be confirmed finally and it is accordingly confirmed with further direction that the applicant shall inform his permanent address or change in the address, if any, with contact telephone number to the Investigating Officer. Application stands disposed of. JUDGE. sahare