*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3890/2009 Nanasaheb Omkar Ingale. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.A.P.Mundargi, Senior Advocate i/b Mr.Naveen Chomal, for the Applicant. Mr.H.J.Dedhia, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 10th September, 2009. PC:- 1 This is an application moved under Section 438 of the Code of Criminal Procedure by the Applicant who is working as Police Constable. 2 Apprehending arrest in connection with Crime No.II-148/2009 registered with Rabale Police Station on the basis of the complaint dated 13.02.2009 under Sections 7, 12, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act the Applicant has moved this application. 3 The Complainant Harpinder Singh is running a STD booth and Cyber Cafe at New Mumbai. On 29.01.2009 at about 4:30 pm the Applicant in the company of other co-accused had been *2* to the shop of the Complainant and noticed that one Naresh, a school going boy, had made entry in the register maintained by the Complainant and was operating the computer which was installed in the cyber cafe. According to the Applicant, the Applicant along with PSI Gawali had raided the said Cyber Cafe as they had received the information that blue films were screened in the said Cyber Cafe and hence is falsely implicated in the crime. According to the prosecution, the Applicant himself had carried the objectionable obscene CD and planted it in the Complainant’s shop and under a threat of falsely implicating the Complainant, had demanded the bribe. The Applicant had asked the said boy Naresh to insert the CD. The boy played the said CD as directed by the present Applicant which was containing obscene pictures and was a blue film. The Applicant then took the photograph of the said pictures. The statement of Naresh has been recorded and he has categorically stated that the CD was given to him by the present Applicant and had asked him to play it. According to the prosecution, by falsely alleging that the Complainant was running illegal business of screening the blue films, the Applicant and other members of the raiding party who are co-accused demanded the money. On the basis of the complaint filed by said Harpinder Singh, the aforesaid offence came to be registered. 4 According to the learned APP, as the Applicant has himself planted the objectionable CD in the shop of the Complainant solely with a view to extract money, no discretionary relief in the nature of anticipatory bail should be granted. It is further submitted that custodial interrogation of the Applicant is necessary. *3* 5 Having regard to totality of the facts and circumstances, I am of the clear view that this is not a fit case for grant of anticipatory bail. In the result, the Application is rejected. (A.P. Deshpande, J)