1 ABA-798-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 798 OF 2011 Mrs. Rita Vipul Parekh ... Petitioner vs. The State of Maharashtra ... Respondent Mr. Mahesh Jethmalani, Senior Counsel i/b. Ms. Chaitra Pawar,Advocate, for the petitioner. Mr. Y.M.Nakhwa, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 27th September, 2011. P.C. 1. The applicant seeks anticipatory bail in Crime No.251/2010 registered with Vartak Nagar Police Station, Thane, on the basis of an order passed by the learned Magistrate under Sec. 156(3) of Cr.P.C. in thecomplaint lodged by one Neha Parikh, who is sister of the deceased Sandip. 2. The deceased was a young man aged about 27 years. The applicant is a lady doctor aged about 48 years and is running Tanuj Diagnostic Centres at Nashik, Bhiwandi and Thane. On 19.4.2010 Sandip committed suicide leaving a suicide note that he had taken decision to commit suicide, for which the applicant was responsible. As per the complaint, deceased Sandip and the 2 ABA-798-11.sxw applicant had developed live-in relationship and were living together as husband and wife. In 2005, Sandip had taken a loan of Rs. 2 lakh from his sister Neha and had purchased one ambulance, which was used for the purpose of Diagnostic Centre at Pachpakhdi, Thane. In 2008, he purchaed new ambulance for the same Diagnostic Centre and it was being used by the applicant. On 28.3.2009, Sandip had taken loan of Rs.4 lakh from his parent for development of diagnostic centre at Bhiwandi on an assurance given by the applicant to return that money. However, that amount was never returned. On 7.5.2009, the deceased and the applicant had decided to purchase a residential house at Laxmi Narayan Residency in their joint names. For that purpose, Sandip had taken the amount of Rs.6 lakh from his mother and sister. That amount had come to his mother from the retirement benefits of his father. However, the applicant purchased that house in the joint names of herself and her father on the ground that she had yet to take divorce from her former husband. Because of these assurances, they began to live together in the said house from 7.8.2009. She also pressurised him to dispose of or to mortgage the residential house of his mother at Hill View Society. When he refused to mortgage the mother's house, she began to treat him with cruelty and systematically kept him aside from the joint business of diagnostic centres and refused to refund the money. Finally, she left the house and took away all the documents. On 19.4.2010, Sandip commitetd suicide by hanging himself in 3 ABA-798-11.sxw Laxminarayan Residency House leaving behind the above refererd suicide note. 3. Initially, it was treated as an accidental death case. On 13.7.2010, the complainant lodged the complaint before the Magistrate for the offence punishable under Sections 306, 406 and 420 read with Sec. 34 of IPC and eventually as per the order from the Magistrate, FIR was registered on 15.7.2010. The applicant was granted ad-interim anticipatory bail by the Sessions Court, Thane in August, 2010. Finally, that application came to be rejected on 12.9.2011. Admittedly, the applicant was interrogated and her statement was also recorded. The applicant contends that she had obtained loan of Rs.45 lakh from ICICI Bank in the name of herself and her father and the house was purchased with that money. Looking to the facts of the case, it appears that the whole investigation revolves around the flow of money from Sandip to the present applicant. How the money was raised that can be gathered from the statements of mother, father and sistar of deceased Sandip. The applicant may be interrogated about the funds which she had received for the purpose of development of business at three Diagnostic Centres and also about the purchase of the residential house. The applicant is a lady doctor aged about 48 years. Taking into consideration the nature of offence, the case can be properly investigated even without custody. 4 ABA-798-11.sxw 4. Therefore, in the event of arrest in Crime No.251/2010, the applicant be released on her executing P.R. of Rs.25,000/- with one or two sureties to make up the amount with condition that she shall make herself available to police, as and when required during day time for the purpose of interrogation/investigation. She shall fully co-operate with the police and shall produce all the relevant documents which may be required by the police. (J.H.BHATIA,J.)