IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1413 OF 2008 CRIMINAL APPLICATION NO. 1413 OF 2008 CRIMINAL APPLICATION NO. 1413 OF 2008 Ganesh Vasant Kharik. ... Applicant. V/s. The Stae of Maharashtra. ... Respondent. R.D.Suryawanshi for the applicant. S.S.Pednekar, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 2nd May 2008. DATED: 2nd May 2008. DATED: 2nd May 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. This application is under section 438 of Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in C.R.No.I-87/2008 registered with Shahapur Police Station, Thane for the offences punishable under section 395, 324, 427, 504 read with section 34 of Indian Penal Code on the basis of the complaint filed by one Shri Deepak Gurunath Bhoir. 3. This application is moved by the applicant after having suffered adverse order dated 24th April, 2008 at the hands of Adhoc Additional Sessions Judge, Kalyan passed below Exh.1 in Criminal Bail Application No.230/2008; wherein the learned Sessions Judge has observed as under: "7. It also transpired that the number plates of the car were removed and it was concealed at Bhatsa. The information in respect of the car has been collected and it transpired that this car is the same car the number of which was noted by the complainant and his friends. The witnesses also tells that the number of the car was MH-04/DB-7512. This car is standing in the name of applicant. Thus, it can be seen that the present applicant concealed his vehicle and also removed its number plates so that he should be kept away from being booked in this crime. The applicant has come with the case that the villagers have assaulted the passengers of the car in which complainant was seating. He says that he escaped and went to his house. It is surprising that he had seen that the villagers were assaulting the passengers of the said car but instead of reporting this matter to the Police Station the applicant straightway went to his house. All these facts show that the applicant is suppressing the real facts and is trying to put forth a story cooked by him in order to get protection of section 438 of the Cr.P.C. In my opinion in this case the custodial interrogation for recovery of the ornaments and to trace out the other accused may be required by the I.O. The applicant is trying to suppress real facts. Therefore he is not entitled to get the protection as prayed by him. The application is hereby rejected." 4. Having seen the observations made, which are not challenged by the applicant, one has to see the tendency of the applicant- accused to destroy the evidence and/or to suppress the true facts. Considering the above conduct of the applicant- accused, necessity of custodial interrogation cannot be rules out. 5. In the above view of the matter, no case is made out to take contrary view than the view taken by the learned Sessions Judge in his order dated 24th April, 2008. The application is, therefore, rejected. JUDGE JUDGE JUDGE