1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 22/ 2010 [Anil Raghunathji Kawale vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. A S Kilor Adv. for applicant Mr S B Ahirkar APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 20, 2010. Heard. 2. By means of this application, the applicant is praying for grant of anticipatory bail in connection with Crime No.152/2009 reported at Ghugus Police Station Dist. Chandrpaur, for offence punishable under section 379 read with section 34 IPC. It is alleged that the present applicant along with other accused persons had unloaded the truck laden with coal as stated by one witness Vidhesh watchman of a Coal Depot. Hence learned APP objected grant of anticipatory bail. On the ground that the owner of the Coal Depot had gone to Andhra Pradesh while on the night of 21.11.2009 it is alleged that the present applicant brought coal by means of truck and unloaded it. Learned Advocate for the applicant submitted that statements of Driver as well as Cleaner ought to be considered before accusing finger can be pointed at the present applicant. Leaned APP 2 submitted that investigation is at threshold stage and custodial interrogation of the present applicant is very much necessary, in order to elicit the truth. 3. At this stage, learned Advocate under instructions from his client who is present in the Court, states that the applicant is ready and wiling to cooperate with the investigation, even by surrendering before the I.O. Concerned for a period of three days. 4. In order to ensure that the case is thoroughly investigated, in my opinion, the submission is fair in the circumstances and ought to be accepted as it would give opportunity for I.O. to interrogate the applicant in custody to record his statement as also to complete the investigation as against the applicant before the charge- sheet can be filed. Hence the following order is passed, which would meet the ends of justice: The applicant shall surrender before the Investigating Officer concerned on or before 28.01.2010. The I.O. shall interrogate the applicant by obtaining appropriate remand order and shall complete the interrogation within three days from the date and time of surrender of the applicant/ accused. After expiry of three days of custodial interrogation, the applicant be released upon furnishing personal bond in the sum of Rs. 15,000/- with a surety in the like amount to the satisfaction of the Arresting Officer; provided further that after his release from the custody the 3 applicant shall make himself available for the purpose of interrogation by the I.O. as and when required. The applicant shall not tamper with the prosecution evidence in any manner. After filing of the charge-sheet the applicant shall attend the Court on each of hearing. The applicant shall inform his fixed address with telephone /Cellphone number the I.O., with change in address, if any. It is made clear that any violation of the conditions of this bail order, would result in cancellation of benefit of bail and the I.O. shall be at liberty to move this Court if any conditions of bail are violated by the applicant /accused. Application stands disposed of accordingly. JUDGE sahare