1 143.11­appln IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.143 OF 2011 Prakash Baccharam Ravan ..Applicant Versus The State of Maharashtra ..Respondent Mr.Shekhar A. Ingawale for Applicant. Mrs.S.D.Shinde A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : MARCH 8, 2011 P.C. :­ 1. Heard learned Advocate for the applicant in this matter of Anticipatory Bail Application. The present applicant is apprehended his arrest in the matter of C.R.No.33 of 2011 registered on 7th February, 2011 with the Shahupuri Police Station, Dist. Kolhapur. The said FIR was registered on the complaint of one Udaysinh Vijaysinh Nikam. 2. According to the FIR which was lodged and registered by the concerned Police Station only after the directions of the High Court in Division Bench Writ Petition No.2753 of 2010, the complainant was initially given one flat at Rishabhsiddhi Apartment at Kolhapur on Leave and License for 11 months from March, 2008. Thereafter some time on 28th April, 2008 complainant left for his property work at Tanjavar, Tamilnadu along with his wife. According to him till that time he had kept his household articles, ornaments and other valuables worth Rs.9 lac and odd in the same flat under lock and key. 3. He came back in September, 2009 and reached the flat. However, 2 143.11­appln he found the present applicant staying in the said flat. On enquiry with the present applicant, the original complainant could not give any clue as to what had happened to the household articles and other valuables. He visited Police Station and also approached the higher officials but without any help from the concerned Officers. Ultimately, he filed a Writ Petition No.2753 of 2010, and on directions from the Court, concerned Police recorded FIR dated 7th February, 2011 as mentioned above. 4. So far as the present applicant is concerned, according to him and also apparently according to the Police statement given by the original flat owner, one Mr.Kulhalli, the present applicant was given the said flat for residence on certain terms and conditions since August, 2009. Prior to first week of August, 2009, the present applicant was not in Kolhapur however, he was in the office of District Superintendent, Agricultural Office, Pune and was transferred vide Government Orders which are annexed to the present application at page Nos.19 to 21. He took charge of his new posting at Kolhapur office vide letter dated 8th August, 2009 and as such thereafter could secure residential accommodation in the flat at Rishabhsiddhi Apartment which is the flat in which original complainant was earlier residing. 5. According to the present applicant, he had nothing to do with the articles or valuables which were earlier kept in the said flat by the original complainant. This position is apparently fortified by the statement of flat owner Shri Kulhalli. The statement has been perused by this Court from investigation papers produced by learned APP. No doubt, it is for the Police investing machinery to trace out the valuables which are worth around Rs.9 lac and odd and to book the culprits after thorough investigation. However, in the present matter, it is to be ascertained as to what is the role of the present applicant who happened to be in the said flat from midst of August, 2009 till 3 143.11­appln date. As per the statement of the owner of the flat Mr.Kulhalli, he had some time in the month of June, 2009 removed the said articles apparently belonging to the original complainant and kept them in the basement of the same building and thereafter he had no knowledge as to what happened to the said articles. Needless to mention that it is for the Police Machinery to trace out the same independently and it is for the applicant to approach the concerned Officer for the same. So far as the present application is concerned, in the opinion of this Court, it is a case in which considering the specific circumstances as narrated above, the relief of anticipatory bail can be granted on certain conditions. Hence, the order. ORDER a) Application is allowed. b) In the event of arrest of applicant in C.R.No.33 of 2011 registered on 7th February, 2011 with the Shahupuri Police Station, Dist. Kolhapur, the applicant shall be released on bail on his executing P.R. bond of Rs. 20,000/­ with one surety for the like amount. In the event of such arrest and availing bail, the applicant shall attend the concerned Police Station on every Sunday between 10.00 a.m. to 12.00 noon for a period of two months and shall cooperate with the Investigating Agency. c) Application stands disposed of accordingly. (A.R. JOSHI, J.)