ABA-559-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.559 OF 2011 Abdul Nasir Abdul Wajid ... Applicant V/s. The State of Maharashtra, Thru' Byculla Police Station, Mumbai ... Respondent Mr. Mubin H. Solkar, i/b. Ms. Tahera Qureshi, for the Applicant. Mrs. G.P. Mulekar, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 28 TH JUNE, 2011. P.C. : 1. By consent, heard finally. 2. The Applicant is sought to be arrested in Special L.A.C. No.12 of 2011 registered at Byculla Police Station, Mumbai, which is in respect of an offence punishable under Section 52 of the M.R.T.P. Act. 3. Mr. Solkar, the learned Advocate for the Applicant, does not dispute before me that some work has, indeed, been carried out by the Applicant. But, according to him, such work does not need the previous permission from the Municipal Corporation and that carrying out such work, which was basically in the nature of repairs, does not amount to any offence under the M.R.T.P. Act. It is also contended that the occupant of the flat situated just above the Applicant's flat has carried out some unauthorized alterations in his premises as a result of which water started leaking inside the premises of the Applicant, and that to prevent the same, the Applicant had to carry out the work in question. ABA-559-11.sxw 2 Dixit 4. In the course of arguments, Mr. Solkar, the learned Advocate, submits that the Applicant is ready to undertake removal of the work carried out by him and restoring the premises to its original position, should the Municipal Corporation come to the conclusion that the work in question cannot be carried out without permission from the Municipal Corporation. This statement made by Mr. Solkar, the learned Advocate, on behalf of the Applicant, is accepted as an undertaking given to this Court. 5. It is also submitted that the Applicant is not maintaining good health and that his custodial detention is not necessary from the point of view of investigation. 6. Considering all the relevant aspects of the matter, I am inclined to grant anticipatory bail to the Applicant. 7. In the event of his arrest in Special L.A.C. No.12 of 2011 of Byculla Police Station, Mumbai, the Applicant be released on bail in the sum of Rs.25,000/-, with one surety in like amount, on the condition that he shall attend the Police Station and make himself available for investigation/interrogation, as and when required by the Investigating Officer. 8. The Applicant shall inform in writing to the Investigating Officer any change in his residential address. 9. The Anticipatory Bail Application is disposed of accordingly. [A.M. THIPSAY, J.]