Vishnu Sahai, J. - Heard counsel for the parties. Through this application preferred under section 438 Cr. P.C. the applicant who is a suspended Additional Commissioner of Police, has prayed for anticipatory bail in C.R. No. 23 of 2060 under Sections 8, 10, 13(i)(d) of the Prevention of Corruption Act, 1988 read with sections 201, 120-B, IPC registered on the basis of a complaint of Police Inspector Sanjiv Kokil, attached to the Byculla Police Station by the Anti-Corruption Bureau. Greater Mumbai.

2. The factual matrix, in short from which this application arises is as under.

On 22-5-2000, P.I. Kokil was on night duty in the limits of Zone - III. At about 2.05 a.m. Deputy Commissioner of Police (D.C.P.) found Sairaj Bar Restaurant in the jurisdiction of Byculla Police Station open beyond the scheduled time. P.I. Kokil was Galled by the D.C.P. and was asked to draw a Panchnama regarding the restaurant being kept open beyond scheduled hours.

It is the case ofP.I. Kokil that on 235-2000 co-accused P.C. Lodha who introduced himself as Chartered Accountant of the applicant and who claimed to be acting on behalf of the applicant informed him, that he was to be suspended for dereliction of duty committed by him and asked him to come down to Mahim Police Station ans1 meet him in his maruti car bearing Registration No. MP- 24 - G 1747. Pursuant to the said telephonic call, P.I. Kokil went opposite Mahim Police Station where he found co accused Lodha waiting in the said car. Co-accused P.C. (Lodha informed P.I. Kokil that the applicant had decided to suspend him for the dereliction of duty and demanded Rs. 5 lacs from him if he wanted that the suspension order be not passed.. The said amount was reduced to Rs. 3 lacs plus a sum of Rs. 10.000/- to be paid to co-accused Lodha as service charges. P. 1. Kokil agreed to pay the said amount to Lodha and the latter told Kokil to contact him after the money was ready. Simultaneously. P.C. Lodha dialled a number on his Mobile and spoke as follows:

"JAIN SAHAB MAI LODHA DOL RAHA BOOM, KAAM BOGAYE HAI, PAANCB BAJE TAK PAISE AA JAYEGA."

On 23-5-2000 at 6.30 p.m. P.I. Kokil after connecting his residential phone to his tape recorder. contacted co-accused Lodha on his Mobile number and during the course of conversation. Lodha reiterated the demand for money and told Kokil that his suspension was held in abeyance. P.I. Kokil informed Lodha that an amount of Rs. 1 lac had been collected and asked for time to collect the balance amount. On 23rd. 24th and 25th May, 2000. Kokil collected the said amount from his friends and relatives. On 26-52000 he called at the Anti-Corruption Bureau. Mumbai and lodged the present complaint wherein this application for anticipatory bail has been moved. After completion of pre-trap formalities a trap was laid. P.L Kokil went home and contacted Lodha on the given Mobile number and confirmed the place where the money was to be delivered. Thereafter. Lodha called P.I. Kokil near Mahim Police Station for handing over the money. Kokil along with the panch witnesses went to Mahim Police Station. Lodha alongwith Kokil and the panch witnesses in his car drove towards Bandra. On the way, Lodha contacted the office of the applicant on his mobile phone and informed him that Kokil come with the money as demanded. Thereafter, Lodha demanded money and accepted the bribe amount. As soon as he received the amount, P.I. Kokil gave the pre-arranged signal and Lodha was apprehended with the marked currency notes in his possession alongwith the mobile phone number and other articles.

3. It is common ground between the counsel for the parties that Lodha is the Chartered Accountant of the applicant and his family members and is regularly visiting the office of the applicant and there were financial transactions between Lodha and the family members of the applicant. It is also common ground between them that the Mobile phone Number 9821053583 which is in possession and use of the applic