1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3087/2009. (Manoj Tukaram Chikte Vs. State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SS Thombre, Advocate for applicant; Mr.DR Korde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 10 th September,2009. 1. Heard learned Counsel for the applicant/accused and learned APP for State. 2. In an incident dated 17th August, 2009, when the present accused/applicant demanded Age Certificate from the complainant, the medical officer, while the Medical Officer was performing his official duties, there was altercation between the complainant and the applicant. Since the Medical Officer wanted to pacify the accused/applicant, however, the accused was insisting for issuance of such Age Certificate immediately. The accused is alleged to have told the said Medical Officer to speak to the President of Zilla Parishad, however, the complainant 2 refused to do so and within few minutes, President of Zilla Parishad along with other 10 to 15 activists arrived in the office of the complainant and some of them have caught hold collar of the complainant and one of them slapped the complainant/medical officer. 3. It is informed that the accused/applicant is college-going student and no criminal record to his credit. The Counsel submits that the accused/applicant will attend the Investigator daily, if released on bail. 4. Considering the allegations, since the Investigating Officer accepts nothing is to be recovered from the accused/applicant, custodial interrogation is not warranted. It is least that the accused could be influencing the complainant for deterring either from discharging his official duties or from traversing contrary to what he has recorded in the F.I.R. to the Police. The police have taken charge of mobile phone, which the accused/applicant was possessing at the material time. In view of the nature of allegations, it can not be seen that prima facie provisions of offence under Sections 395, 353 332, 186, 506 of IPC or Section 3(1)(x) of Scheduled Castes, Scheduled Tribes (Prevention of 3 Atrocities) Act, are surfacing against the applicant/accused. Hence, taking survey of above referred facts, the application is allowed in following terms. 5. The applicant - Manoj Tukaram Chikte be released on his furnishing PR bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand) in Crime No. I-90/2009 registered at Phulambri Police Station. 6. The applicant/accused, after his release, shall attend the Investigator on every alternate day between 5.00 to 7.00 p.m. till filing of charge sheet. 7. The applicant/accused shall not coerce the complainant and the employees associated with the complainant in the hospital. Any intimidation may result in cancellation of the bail. 8. Criminal Application is allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran3087.09