1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.833/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.DS Bharuka, Adv. for Applicants; Mrs.BR Khekale, APP for State; Mr.CR Deshpande, Adv. for orig.Complainant. __ CORAM : K.U.CHANDIWAL, J. DATE : 29th July, 2009. ... 1) Heard learned Counsel for the applicants. Mr. CR Deshpande, opposing application extensively, took me to the observations of this Court in Criminal Writ Petition No.193/2009 wherein, proceeding in Crime No.15/2007 (present case), was sought to be quashed. 2) The observation of this Court, to travel from Jalgaon to Nagpur or staying at Everest Guest house allegedly by applicant with Meenakshi, will not be a parameter to be applied to the situation carved out in the present application, as the present application seeks release under the terms of Section 438 of Cr.P.C. which cannot be applied with the same scale as enumerated while exercising writ jurisdiction, for quashment of proceedings. 2 3) During the course of submissions, it revealed the abducted girl Meenakshi, aged 23 years, was and is of sound mind, capable of taking independent decision. There is no hallucination to her. She is free-bird. It is informed by Mr. Deshpande, she was available to the police and police recorded her statement. This being the condition, ingredients of involvement to the extent of the applicants/accused will not be available to blame them having kidnapped the girl with intent to keep her in wrongful confinement. No ingredients of infraction of Section 367 of IPC are also surfaced. The custodial interrogation of the applicants/accused is not desirable. However, care will be taken to secure their presence. Section 361 of IPC defines kidnapping, referring to enticing a minor girl below eighteen years. Incidentally, victim Meenakshi is 23 years old and mentally fit. She could not be allured by applicants to run away from her parents/brothers. The sentimental submissions by Counsel would not dilute to the merits in the matter. They are residents of same place. Least chance to flee away. Consequently, order - 4) In the event of arrest of the applicants/accused - Priti @ Guddi d/o Thakurbhai Agrawal and Kailash s/o Prabhubhai Agrawal, in Crime No. 15/2009 registered at Navapur police station for offence under 3 Sections 362, 365 and 367 of IPC, the applicants/accused shall be released on their furnishing PR bond and surety in the sum of Rs. 10,000/- (Rupees ten thousand) each. 5) The accused/applicants shall attend Navapur police station on every Sunday and Thursday between 10.00 a.m. to 1.00 p.m. for a period of three months. 6) The applicants/accused shall not leave jurisdiction of Dhule district for a period of three months. ( K.U.CHANDIWAL ) JUDGE bdv/cran833.09