1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.4/2011 (Veeralla Sreenivasulu .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.V. Bhutada, Advocate for applicant, Mrs. B.P. Maldhure, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 21, 2011 Heard. By this application, the applicant apprehending his arrest in connection with Crime No. 264/2010 registered with Police Station, Pratap Nagar, Nagpur for commission of offence under Sections 406, 420 of IPC, has prayed for a direction under Section 438 of Cr.P.C. The applicant had made similar application before the Court of Session. During the pendency of the said application, the applicant was protected by an interim order passed. However, the said order was cancelled while deciding main application for anticipatory bail preferred. The main application was rejected mainly on the ground that he failed to attend said court as directed. 2 During the hearing of this application the statement was made on behalf of the applicant that he could not attend the Court of Session in view of his wife becoming ill and was required to be at Nellore in Andhra Pradesh in connection with her treatment. In order to see the bona fide of the applicant, he was directed to remain present in this Court and accordingly he attended on 20.1.2011. The learned APP has stated that thereafter the applicant has attended the investigating officer as directed vide orders passed from time to time. Having regard to the same and having regard to the fact that the allegations against the applicant are mainly confined of having placed the order on telephone and there being except allegation in complaint, no other material so far collected by investigating agency prima facie revealing that the said order was placed by the applicant and the applicant cooperating with the investigation, ad-interim passed in his favour deserves to be confirmed. Needless to add that no specific point has been urged on behalf of the prosecution denoting personal presence of the applicant being necessary for custodial interrogation for completion of investigation. Hence the order : Inform the Investigating Officer of Crime No. 264/2010 of Pratap Nagar Police Station, Nagpur that in the event of arrest of the applicant in connection with the said crime, he shall be forthwith released on anticipatory bail on furnishing a P.R. Bond in a sum of Rs.1,00,000/- with one surety in the like amount and 3 subject to the conditions that applicant : (i) shall attend the investigating officer in connection with the investigation in between 11.00 am and 2.00 pm on every Monday and as and when called by the investigating officer; (ii) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so as to dissuade them from disclosing such facts to the Investigating Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while being on bail granted vide this order. The application stands disposed of. In view of disposal of main application, Criminal Application (APPP) No.15/2011 also stands disposed of. JUDGE Gulande