1 crap3402.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3402 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Smt. A.N.Ansari, advocate for the applicant Shri B.J.Sonwane, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 16th August, 2011. PER COURT :- 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant seeking anticipatory bail in connection with C.R. No. 86 of 2011, registered with Bhagyanagar police station, Nanded, for the offences punishable under Sections 353, 506, 323, 186, 189, 109, 420, 467, 468, 471 and 34 of the Indian Penal Code, and also under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3 Perused the investigation papers. It appears 2 crap3402.11 that the offence has been registered on the complaint lodged by the complainant Ashok Nagorao Devkare, Deputy Education Officer, on 24.3.2011, alleging that while making the inspection of one school, namely Kasturba Gandhi Primary School, Tajnagar, Nanded, run by one Yousufkhan Chandkhan Pathan i.e. accused no.1, elder brother of the applicant herein, suspicion arose in respect of misappropriation of the funds of the school and at that time, present applicant arrived there and instructed the Headmistress of the school not to allow the complainant to inspect the school and abused the complainant and not beyond that. 4 Moreover, the applicant has been referred in the complaint as the brother of Yousufkhan and no name of the applicant herein has been mentioned therein. Moreover, the first information report does not show any allegation that the present applicant played any active part in the incident, except giving the abuses to the complainant and instructing the Headmistress of the school not to allow the complainant to inspect the school. 5 It also appears that regular bail has been granted to the main accused, namely Yousufkhan Chandkhan Pathan by this court on 15.7.2011. Moreover, ad-interim protection was also granted to the applicant by this court by order, dated 4.8.2011, which is effective till today. 3 crap3402.11 6 In the circumstances, present application deserves to be allowed. 7 In the result, application is allowed and it is directed that the interim anticipatory bail granted to the applicant stands confirmed, with direction that the applicant shall give attendance before the investigator as and when required and shall cooperate in the investigation; and shall not influence upon the witnesses and/or tamper with the evidence, in any manner, directly or indirectly, and present application stands disposed of accordingly. 8 The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE, J.) dbm/crap3402.11