Nikhil Premraj Kalapadan And Ors vs State Of Maharashtra And Anr
2022 Latest Caselaw 1004 Bom

Sherla V.



VISHWANATH                                                                    5_aba.137.2022.doc
SATYANARAYANA
SHERLA
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  Digitally signed by                      CRIMINAL APPELLATE SIDE
  VISHWANATH
  SATYANARAYANA
                          CRIMINAL ANTICIPATORY BAIL APPLICATION NO.137 OF 2022
  SHERLA
  Date: 2022.01.27
  19:30:23 +0530


                        1. Nikhil Premraj Kalapadan
                        2. Premraj Velayudhan Kalapadan                       ... Applicants
                        3. Renjini Premraj Kalapadan
                                    Vs.
                        1. State of Maharashtra
                        At the instance of Kasturba Marg Police Station
                                                                            ... Respondents
                        2. The State of Madhya Pradesh
                        (At the instance of Mahile Police Station, Ratlam
                        vide C.R. No.38 of 2021)

                        Ms.Anjali Patil for the Applicants
                        Mr.S.S. Hulke, APP, for Respondent - State

                                                      CORAM: S.S. SHINDE &
                                                             N.R. BORKAR, JJ.

DATED: JANUARY 27, 2022 P.C.:

1. This Application is filed by the applicants seeking transit

anticipatory bail for a period of four weeks. The applicants are

apprehending their arrest in C.R. No.38 of 2021 registered at

Mahila Police Station, Ratlam (Madhya Pradesh) for the offences

punishable under sections 498-A, 323, 294, 354, 354A read with

section 34 of the Indian Penal Code. The applicants have received

a notice under section 41A of the Code of Criminal Procedure and

5_aba.137.2022.doc

are asked to appear before the concerned Investigating Officer, in

the aforesaid C.R. No.38 of 2021.

2. It is submitted that a limited protection may be granted to

the applicants so as to enable them to cause appearance before the

concerned police officer in response to the notices received by the

applicants under section 41A of the Code of Criminal Procedure

and to approach the jurisdictional court for anticipatory bail. In

support of the contention that this Court can grant transit

anticipatory bail for a limited period, the learned Counsel

appearing for the applicants pressed into service unreported

Judgments/Orders of this Court in Amol Gunaji Sonawane &

another vs. The State of Maharashtra & another1, Neeraj Shyam

Sahay vs. The State of Maharashtra & others 2, Kawal Chamanlal

Sharma vs. The State of Maharashtra & another3, Nikita Jacob vs.

The State of Maharashtra4, Shantanu Shivlal Muluk vs. The State of

Maharashtra5, Javed Anand & another vs. State of Gujarat &

another6 and a reported judgment in the case of N.K. Nayar and

1 Cr.ABA No.1770 of 2021 decided on 6th August, 2021 2 Cr.ABA No.397o f 2021 with Cr.ABA No.399 of 2021 decided on 12.2.2021 3 Cr.ABA St. No.3041 of 2020 decided on 10th December, 2020 4 Cr.ABA No.441 of 2021 decided on 17th February, 2021 5 ABA No.154 of 2021 decided on 16th February, 2021 (Aurangabad Bench)

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others vs. State of Maharashtra & others7.

3. Learned APP fairly states that this Court had an occasion to

consider similar prayers in the aforesaid cases and this Court had

granted limited relief granting protection for specified period.

4. Heard the learned Counsel appearing for the applicants and

the learned APP appearing for the Respondent - State. We have

carefully perused the averments in the application so also various

orders passed by this Court, which are placed on record by the

learned Counsel appearing for the applicants, granting transit

anticipatory bail for a limited period.

5. In the peculiar facts and circumstances of this case, we are

inclined to allow the application thereby granting three weeks

protection to the applicants. Hence, the following order:

(i) In the event of the arrest of the applicants in relation to

C.R. No.38 of 2021 registered against the applicants herein,

with Mahila Police Station, Ratlam, the applicants shall be

released on interim transit bail for a period of three weeks

i.e., till 17th February, 2022 on executing a personal bond in 7 1985 Cri.LJ 1887

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the sum of Rs.20,000/- each (Rupees Twenty thousand) with

one surety in the like amount.

(ii) The applicants shall appear before the concerned

Investigating Officer in connection with the aforesaid C.R.

No.38 of 2021 on 7th February, 2022 and thereafter appear

before the Investigating Officer as and when called for the

purpose of investigation.

(iii) It is hereby made clear that no prayer for extension of

time beyond 17th February, 2022 shall be entertained on any

count whatsoever.

(iv) Registry shall communicate this order to the Inspector

of Police, Mahila Police Station, District Ratlam, Madhya

Pradesh.

(v) Tag this Application alongwith Anticipatory Bail

Application No.627 of 2018.

6. All concerned to act on an authenticated copy of this order.

     (N.R. BORKAR, J.)                         (S.S. SHINDE, J.)