This application is filed under Section 438 of the Code of Criminal Procedure in connection with First Information Report registered as II-C.R. No.569/2010 with G.U.V.N.L. Police Station, Surat for the offences punishable under Sections 135(1)(b), 138 and 150 of the Electricity Act.
Learned Counsel for the applicant submits that on the basis of a Civil Suit filed, a raid was carried out by the officials of the Electricity Company. It is also submitted that the complaint was lodged after 15 days and no offences are made out against the present applicant and hence, the applicant herein may be granted anticipatory bail.
This Court has gone through the complaint. It is an admitted fact that there is no animosity or enmity between the present applicant and the officers of the Electricity Company. The inspection was carried out by the team of the officials of Dakshin Gujarat Vij Company Limited and prima-facie it is found that theft was committed by the present applicant.
Considering the above aspect, no convincing ground appears for exercise of powers and hence, this application is rejected. Rule discharged.
Sd/-
(M.D.
Shah, J.) Caroline Top