1 130.11-aba bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.130 OF 2011 Ramvanti Rajendra Mahto & Anr. ..Applicants Versus State of Maharashtra ..Respondent Mr.B.N.Rai with Ajay B.Rai i/b. Akhilesh Singh for Applicants. Mrs.A.A.Mane, A.P.P. for State. Mr.A.T.Phadake, P.N., Nalasopara Police Station. CORAM : A.R.JOSHI, J. DATED : MARCH 10, 2011 P.C. :- 1. Heard rival submissions on the present application preferred by both the applicants apprehending their arrest in C.R.No.I-55/2011 arising out of and registered with Nalasopara Police Station, Dist. Thane for the offences punishable under Section 353, 427 r.w. 34 of the Indian Penal Code. 2. Perused the documents annexed to the application along with a copy of the FIR. The facts of the present matter are rather peculiar in nature which can be narrated as under: At the mid-night at about 00.30 hrs on 27th January, 2011 during the Patrolling/Combing operation under the directions of the Dy.Superintendent of Police, Vasai Division, Police Party came near the house of the applicants and tried to enter the house after disclosing that they are 2 130.11-aba from Police party. However, the door was not open, but after some time, the present two applicants came out of the house and seen the police personnel and they started abusing police and enquired them, as to why the police had attended their house at such wee hours and why there is no ladies police constable with them. It is alleged in the FIR lodged by the Police that the applicants had rather fought with the Police party members and the clothes of one Police Officer were torned. 3. The two male inmates from the house were taken in the custody and were taken to the Police Station. They were subsequently produced before the Judicial Magistrate, F.C., Vasai and after remand, they were released on bail on 1st February, 2011. Apprehending the arrest by the Police in the said matter, present two applicants applied for anticipatory bail before the Sessions Court, Thane. By an order dated 5th February, 2011, the said application was rejected by the District Judge-I and Sessions Judge, Vasai. Hence, the present anticipatory bail application. 4. It is an admitted position that as narrated by the learned APP for the State on taking instructions from the Police Officer who is present in the Court that in the raiding party, there was no any ladies police constable/Officer. She further submitted that the Police party had been to the applicants' house in search of the accused persons who were the family members of the present applicants. 5. The learned APP further conceded the position that there are no criminal antecedents against both the applicants as this point has also been pleaded before the Sessions Court by the learned Counsel for the applicant. It is also submitted on behalf of the applicant that the applicant No.2 is a 25 years old woman and hardly a fortnight prior to the incident she had delivered 3 130.11-aba a child. 6. Considering the above circumstances and still considering that the charges levelled against the present applicants are under Section 353, 427 r.w. 34 of the Indian Penal Code, in the opinion of this Court a custodial interrogation of the applicants is not warranted under the facts situation. In the result, the present application is allowed with the following order. ORDER a) Application is allowed. b) In the event of arrest of applicants in C.R.No.I-55/2011 arising out of and registered with Nalasopara Police Station, Dist. Thane for the offences punishable under Section 353, 427 r.w. 34 of the Indian Penal Code, the applicants shall be released on bail on their executing P.R. bond of Rs.10,000/- each with one surety for the like amount. In the event of such arrest and availing bail, the applicants shall attend the concerned Police Station on first Sunday of each month for two months between 10.00 a.m. to 12.00 noon and shall cooperate with the Investigating Agency. c) Application stands disposed of accordingly. (A.R. JOSHI, J.)