ORDER : G.R UDHWANI, J. 1. Heard learned Advocate for the applicant and learned APP for the respondent-State. 2. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Section 380 of the Indian Penal Code for which FIR came to be registered at C.R No. I- 39 of 2017 with GIDC Vatva Police Station. 3. Learned counsel for the petitioner contended that the petitioner is a businessman stationed at Surat and also has been filing the income tax return and last return produced by the petitioner is related to the assessment year 2015-2016. It is contended that one Rajan was his labourer who had deposited mobile phone with him for a loan of Rs. 15000/- and after obtaining the loan, since he disappeared from the scene, the petitioner inserted the sim card and stated using it and ultimately it was traced by the police and it is only on the basis of mobile call details that the petitioner is sought to be arrested. It was submitted that the theft allegedly was committed in Ahmedabad while the petitioner is businessman at Surat. 4. Learned advocate appearing on behalf of the applicant would submit that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. 5. Opposing this application the learned APP submitted that there is strong evidence against the petitioner in the nature of mobile phone of the complainant in his possession. It was contended that investigation is at primary stage and neither the mobile phone is given to the investigator nor other details in relation to Rajan are given by the petitioner. 6. Learned counsel for the petitioner submitted that the petitioner would cooperate with the investigating agency by handing over the mobile phone and also other details available with him, which may be used by the investigating agency for investigation. 7. Considering the above stated facts and circumstance and without assigning reasons in detail as the parties do not invite for the same and in view of the statement of the learned counsel for the petitioner that the petitioner would cooperate with the investigation, the petitioner is required to be admitted to bail in anticipation of his arrest. 8. In the result, this application is allowed. 8. In the result, this application is allowed. It is directed that in the event of arrest of the applicant herein in connection with FIR registered at C.R No. I-39 of 2017 with GIDC Vatva Police Station, the applicant shall be released on bail on his furnishing a personal bond of Rs. 10,000/- (Rupees ten thousands only) with one surety of the like amount on the following conditions that he shall: (a) co-operate with the investigation and make himself available for interrogation whenever required; (b) remain present at the concerned Police Station on 07.09.2017 between 11.00 a.m and 2.00 p.m; (c) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him/them from disclosing such facts to the court or to any police officer; (d) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; (e) at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders; (f) not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; and (g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide the same on merits; 9. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for Police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the Police custody, upon completion of such period of Police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order. 10. At the trial, the Trial Court shall not be influenced by the prima-facie observations made by this Court while enlarging the applicant on bail. Rule is made is made absolute. Direct service is permitted.