IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.754 OF 2009 1.Jayesh V. Valia 2.Shashikant K. Kittur 3.Babulal B. Jain ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri S.V. Marwadi i/b. S.P.Narkar for Applicants Mrs. M.H. Mhatre, APP for State ---- CORAM: V.M. KANADE J. DATED 12TH FEBRUARY, 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. 3. The Applicants apprehend arrest in connection with an offence punishable under sections 420, 406 r/w.120B of the Indian Penal Code filed by Micro Management Ltd. at Kolkata. 4. It is submitted that the Chief Metropolitan Magistrate, Kolkata has directed that the investigation should be carried out under section 156 (3) of the Criminal Procedure Code. Accordingly, it is submitted that Hare Street Police Station had registered an offence against the Applicants and the Applicants are likely to be arrested in the said offence. It is submitted that pursuant to the directions given by the Complainant, the Applicants had purchased the shares and had made an attempt to deliver the share certificates to the Complainant. However, the said share certificates were not accepted since the price of the shares which were purchased at the rate of Rs.190/- per share had drastically fall down. Since the complaint has been lodged before the Chief Metropolitan Magistrate, Kolkata, this Court would not have jurisdiction to entertain an application for anticipatory bail and, therefore, this application for anticipatory bail is not maintainable. However, an interim protection is granted to the Applicants in order to enable them to present themselves before the Chief Metropolitan Magistrate and to seek appropriate reliefs from the Sessions Court or the High Court at Kolkata. 5. The Applicants, therefore, under these circumstances, shall not be arrested by the Respondent for the offences punishable under sections 420, 406 r/w.120B of the Indian Penal Code in respect of the complaint which is filed before the Chief Metropolitan Magistrate, Kolkata in case No.C/14456/08 and the order passed thereon dated 25th September,2008 and the complaint which is registered pursuant thereto by Hare Street Police Station, Kolkata vide case No.309/2008. 6. Interim protection is granted to the Applicants for a period of three week from today. 7. Parties to act on authenticated copy of the order. 8. Application is, accordingly, disposed of. V.M. KANADE J.