1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5479 OF 2009 Kamlesh Gopal Renose : Applicant. Versus The State of Maharashtra : Respondent. Mr. N V Sawant and Mr. Jayesh Talekar for the Applicant. Ms. P P Shinde, APP for the State. CORAM : V. M. KANADE, J. DATE : 14th December 2009 P.C. 1. Heard the learned counsel for the applicant and learned APP for the Respondent. 2. It is alleged that the applicant has committed theft of electricity and thereby committed an offence punishable under Section 135 of the Electricity Act, 2003. The further allegation against the applicant is that he has taken the electricity from the L.T. Pole by means of wire and thereby he has committed theft of electricity worth lacs of rupees. It is submitted that the applicant has paid penalty levied by the MSEB under protest and he has applied to the competent authority for redressal of his grievances in respect of two bills which were issued to him by the MSEB. It is therefore submitted on behalf of the applicant that custodial interrogation of the applicant is not necessary. 2 3. It is not possible to accept the submissions made by the learned counsel for the Applicant. The officer of the MSEB have taken spot inspection. When the officers of the MSEB visited the premises of the applicant, they found that the meter has been tampered and the applicant was using the electricity directly from the electric pole. Considering the allegations made against the applicant, in my view, this is not a fit case to grant anticipatory bail to the applicant. The Criminal Application is accordingly rejected. [V.M.KANADE, J]