1 sns IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION ANTICIPATORY BAIL APPLICATION NO.725 OF 2011 Rifat Salim Bidiwala ...Applicant. v/s The State of Maharashtra ...Respondent. Ms Mini Mathew ,adv. For the Applicant. Mr. Y.S.Shinde ,APP For the Respondent/State. Mr. Mukesh Subramaniam, adv. For the First Informant/Intervener. CORAM : J.H. BHATIA,J. DATED : AUGUST 30,2011. P.C. 1 The applicant, who is accused no.2 in crime no.79 of 2011 registered at Versova police station for the offecnes punishable under Section 380 r/w section 34 of the I.P.C. on a report lodged by one Siraj Rahimatulla, seeks anticipatory bail. 2 As per the F.I.R., the accused Sonia , who is daughter of the first informant had taken the present applicant as tutor and for about 5 years, the applicant used to come to their house and both the ladies used to remain closed in one room. On 7.11.2011, when the family members of the complainant had been to Infinity Mall for shopping, Sonia got some telephonic message and left the mall 2 saying that she would be back but for a long time, she did not turn up and thereafter, late in the night, it was revealed that she was with the present applicant. Later on, both the accused were traced at Delhi. On 15.2.2011, this report was lodged alleging that the accused persons had taken away cash of Rs.4 lacs and the ornaments worth Rs.8 lacs from the house and on that basis theft case was registered. 3 It appears that both the accused persons had taken the help of Sangini NGO at Delhi and also approached the National Commission for Women as well as the Sessions Court, Delhi for the anticipatory bail where they were granted temporary anticipatory bail with the direction to seek regular protection from the Bombay Courts where the offence was registered. Record reveals that the accused no.1 Sonia daughter of the complainant had filed anticipatory bail application no.303 of 2011 before this Court. Initially ad-interim anticipatory bail was granted on 25th April, 2011 and that order was made absolute on 13th June, 2011. The order dated 13th June, 2011 shows that Mr. Mukesh Subramaniam 3 advocate for the first informant had made a statement before the Court that the first informant did not desire to oppose the application and thereby he helped his daughter in obtaining anticipatory bail from this Court. Today, Mr. Mukesh Subramaniam advocate appears for the first informant and with oral permission, intervenes and opposes the application for anticipatory bail filed by the accused no.2. According to him, the applicant is presently staying in UK and she will not be available for interrogation as and when required and the huge property will not be recovered. According to the learned counsel for the applicant, because of the fear of the first informant, applicant has gone to the UK and she would be back and make herself available to the police as and when required for the purpose of interrogation. During the discussion at the bar, it appears that the first informant was mainly aggrieved as the accused nos.1 and 2, both ladies, had some lesbian relationship. 4 Taking into consideration all the facts and circumstances, in the event of arrest in Crime No.79 4 of 2011 registered at Versova police station for the offences punishable under Section 380 r/w section 34 of the I.P.C., the applicant shall be released on her executing PR of Rs.15,000/- with surety in the like amount with condition that she shall make herself available as and when required by the police after sunrise and before sunset for the purpose of interrogation/investigation and shall fully co- operate in investigation. She shall not misuse the bail. 5 Applicant shall appear before the police at the police station on 20th September, 2011 at 11.00 p.m. for the purpose of interrogation. In case, she fails to appear on the above mentioned date and thereafter as and when required by the police for the purpose of interrogation/investigation, that itself will be a ground for cancellation of anticipatory bail. She will also not leave the country without prior permission of the concerned Metropolitan Magistrate. 5 6 Application stands disposed off. (J.H.BHATIA, J.)