MADAN KASHINATH AMONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner seeks anticipatory bail under Section 438 of the Code of Criminal Procedure once his application under that Section has been rejected by the Sessions Judge, Panaji, on January 5, 1988. The learned Sessions Judge rejected the grant of the anticipatory bail sought for by the petitioner on the ground that the case disclosed against the petitioner requires to be investigated and offences involved are of serious nature.

(2.) The petitioner sets out that his brother-in-law is the tenant of the family of one pal who had lodged the F.I.R. on December 27, 19157 and that this family of pai, landlords, are harassing his brother-in-law, Shri Anthony Swamy, the tenant, as a result whereof a civil litigation is pending. It is alleged that the harassment is for the purposes of securing eviction of the brother-in-law of the petitioner and for that purpose even he had been denied facilities like electric current, water supply, etc. This resulted even into passing an order by the Civil Court for maintaining status quo.

(3.) The F.I.R discloses that in the evening of December 27, 1987, the appix petitioner along with a group of persons entered the house of the family of Pai, committed some assault, threatened the members of the said family and even committed offences such as breaking of the telephone, glasses, bottles, etc.