[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2473 OF 2008 Shri.Avinash Baburao Palve and Anr. ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.J.Shekhar and Co. Adv. for Applicants Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 23, 2008 DATE : JULY 23, 2008 DATE : JULY 23, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in CR No. 300 of 2008 of Kothrud Police Station Pune. The said case is under Sections 143, 147, 149, 341, 452, 427, 307, 354 of IPC. 3. The complainant is Secretary of Maharashtra Institute of Technology. It is the case of the complainant that applicants along with about 30 others had come to the office of the complainant. [-2-] They sought admission for students in the said Institute. The complainant has stated that all of them were carrying flags and they were shouting slogans stating that students of other States should not be given admission. The prosecution case is that two persons were injured in the incident i.e. the complainant Karuna Gole and Mr.Bodar. Both the persons were injured due to assault by iron chairs. Extensive damage was caused to the property of the Institute. 4. In the FIR, the names of the applicants are mentioned and the complainant has specifically stated that the applicants along with other persons had entered into the office and has caused damage to the furniture therein. 5. The learned advocate for the applicants submit that the custodial interrogation of the applicants would not be necessary. However, in my opinion, that is not the only aspect which is necessary to be taken into consideration while granting anticipatory bail. The material on record clearly implicates the applicants. The material on record in respect of applicants is such as to point out an [-3-] accusing finger towards them. The Apex Court has observed in the decision of Directorate of Directorate of Directorate of Enforcement Vs.P.V.Prabhakar Rao reported in 1997 Enforcement Vs.P.V.Prabhakar Rao reported in 1997 Enforcement Vs.P.V.Prabhakar Rao reported in 1997, SCC (Cri.) 978 SCC (Cri.) 978 SCC (Cri.) 978 that when the material gathered by the prosecution is such as to point out an accusing finger towards the accused, it is not a fit case to grant anticipatory bail to the applicants. 6. Application is rejected and is disposed of accordingly. On the oral application, time is granted till 29.7.2008 to the applicants to surrender. The learned advocate for the applicants states that he will give notice to the Investigating Agency as to when the applicants will surrender. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]