1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 246 OF 2009 1. Nikhil Namdev Gurav 2. Nilesh Namdev Gurav ..... Applicants. V/s State of Maharashtra ...... Respondent. ------ Mr. C.K. Pendse for the applicants. Mr. Rajesh More, APP for the State. ------- CORAM: V.M. KANADE, J. DATE : 19th January, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicants and the learned APP for the State. 2. This is an application for anticipatory bail in connection with C.R. No.580 of 2008 for the offence punishable under sections 323, 324, 504 (ii) of the Indian Penal Code which is registered at Santacruz Police Station. 3. It is the case of the applicants that the complainant had initially attacked the applicants with iron bar and, thereafter, altercation had taken place. Counsel for the applicants submitted that the applicant No.1 did not participate in the said incident and they had lodged a complaint against Bansode who also had filed a complaint against the present applicants. It is submitted that Bansode was arrested and, 2 later on, released on bail. Similarly, other accused in this C.R also was released on bail on the same day. It is submitted that, in fact, the complainant Bansode had, on earlier occasion, also entered the house of applicants and had assaulted his father. 4. I have perused the complaint as also the cross-complaint filed against the present applicants. Mr. More, the learned APP appearing on behalf of the State has invited my attention to the injury certificate which discloses that the complainant Bansode has sustained certain injuries. Looking at the facts of the present case and particularly the complaint and the cross-complaint filed by the applicants and by the complainant, this is not a fit case for grant of anticipatory bail. However, the applicants may apply for regular bail. Trial Court shall consider the application for regular bail on its own merits. Trial Court shall decide the application, if made, by the applicants, expeditiously. Applicants shall surrender to the Metropolitan Magistrate at Bandra on 27/1/2009 at 11.00 a.m. 5. Application is disposed of. (V.M. KANADE, J.)