(1.) Heard with the aid of case-diary.
(2.) This is first application for anticipatory bail filed under Section 438 of Cr.PC in connection with Crime No. 4/11 registered at Police Station, Pansemal Radwani for the commission of the alleged offence punishable under Sections 201, 452 read with Section 34 of IPC.
(3.) Learned Counsel for petitioners submitted that petitioner No. lis Station Officer of Police Station, Pansemal while petitioner No. 2 is Head Constable and petitioner No. 3 is Constable in the same Police Station. It is submitted that deceased Surekha who was residing in the company of respondent No. I which was objectionable to her brother and son namely Deepak and Keshan Learned Counsel further submitted that in the circumstance Deepak and Keshar took Surekha forcibly from Pansemal to Village Malgaon where she consumed poisonous substance with the result she died. It was alleged that Deepak son of deceased, took her body to the hospital where she was declared dead. Upon intimation given by the concerned hospital case was registered by petitioner No. 1 and after investigation it was found that cause of death is consuming poisonous substance. It is submitted that case has been registered against Deepak and Keshar by the petitioners under Section 306, IPC in which charge-sheet has also been filed. Petitioners and 14 other accused have been falsely implicated while they committed no offence. It is also submitted that in the similar circumstances Dr. Pradeep has also been bailed out vide order dated 17-2-2011 in M.Cr.C. No. 890/2011 under Section 438, Cr.PC, therefore, prayed for anticipatory bail.