* 1 * ABA.492.2011 18.7.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 492 OF 2011 Ms. Sonal Vijay Mhatre ...... Applicant V/S. The State of Maharashtra ...... Respondent Mr. S.R. Chitnis, Senior Counsel i/by. Mr. Nitin Sejpal and Pooja Bhojne, Advocate for the applicant. Mrs. A.A. Mane, APP for the State. Mr. Shivaji K. Furkate, Advocate for the complainant. CORAM :- Smt. R.P. SondurBaldota, J. 18th July, 2011. P.C. :- 1. This application for anticipatory bail relates to C.R. No.121 of 2011 registered with D.B. Marg Police Station for the offence punishable under Sections 420, 408 Indian Penal Code read with Sections 65 and 66 of the Information and Technology Act. The name of the applicant was not disclosed in the complaint as filed originally. She has however been named in the supplementary statement of the complaint recorded on 7th May, 2011. In the original complaint, it is alleged that one Kalpesh Thakkar an employee of * 2 * ABA.492.2011 18.7.2011 the complainant used the inside information of the company regarding the tenders submitted by the company and passed it on to the company by name S.K. Enterprises owned by his father. By using that information, the father submitted tenders quoting amount lower than that quoted by the complainant s company. In this way, ’ he bagged various contracts. The applicant was earlier working with the company. In the supplementary statement, it is alleged that she has received 51% of the profit earned by S.K. Enterprises by using the information of the company. 2. Mr. Chitnis, the learned Senior Counsel for the applicant, states that both Kalpesh Thakkar and his father have already been granted anticipatory bail. The learned APP complains that though the applicant had attended the police station pursuant to the interim directions given by the Sessions Court, she has refused to divulge the password of her e-mail account. It is alleged by the prosecution that the information was sent by Kalpesh Thakkar to the applicant herein by e-mail, which information was used by S.K. Enterprises Mr. Chitnis, the learned Senior Counsel, states that the applicant is willing to give the password of her e-mail account to * 3 * ABA.492.2011 18.7.2011 the police. Accordingly, the password has been handed over by her to the learned APP. 3. Considering the facts and circumstances of the case and the role assigned to the applicant, in my opinion, custodial interrogation of the applicant is not required and she can be granted anticipatory bail subject to certain conditions. Hence, in the event of arrest of the applicant in C.R. No. 121 of 2011 registered with D.B. Marg Police Station, she be released on bail in the sum of Rs.35,000/- (Rs. Thirty Five Thousand only) with one or two solvent sureties in the like amount. The applicant shall attend D.B. Marg Police Station for a period of 2 weeks starting from tomorrow i.e. 19th July, 2011 between 11.00 a.m. to 2.00 p.m. and thereafter as and when required by the police. She shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any police officer. The applicant shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J] * 4 * ABA.492.2011 18.7.2011