MHCC020088202022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1628 OF 2022
(CRIME NO.663 OF 2022, WORLI POLICE STATION)
CNR No.MHCC02-008820-2022
1. Subhash Subramanyam Devendra,
(Subhash Subramaniuam Devendra),
Age : 26 years, Occ. : Car Washing,
]
]
]
2. Gunasekhar Subramanyam Devendra,
(Gunasekhar Subramanian Devender),
Age : 32 years, Occ. : Society Manager,
]
]
]
Both applicants are residing at
Madraswadi, Motilal Nehru Nagar,
Room No.74, D.Y.B. Road, Worli,
Mumbai – 400 018.

]
]
]
]
… Applicants
Accused Nos.1 and 2
Vs.
The State of Maharashtra,
(At the instance of Worli police station).

]
]
… Respondent
Appearances :Mr. Vijay Desai, Ld. Adv. for applicants.
Ms. U. B. Karvate, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 5th July, 2022.
ORDER
1.

This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No.663 of
-2-
BA 1628/22
2022 registered at Worli police station for the offence punishable under
Sections 307, 324, 504, 506, 506(ii), 143, 147, 148, 149 of the Indian
Penal Code and Section 37(1)(a) r/w. 135 of the Maharashtra Police
Act.
2.

It is the case of the complainant Velu Muniappan Devendra
that, on 30/05/2022, at 11.30 p.m., in Madraswadi, Motilal Nehru
Nagar, near Mariamma temple, Dr. A. B. Road, Worli, Mumbai, accused
Subhash Devendra, his brother Gunasekhar Devendra and 8 to 10
unknown persons conspired and on the ground of previous trifle
dispute, they assaulted the complainant, his brother, his sister-in-law
and his nephews with wooden sticks, iron rods, pipe and some sharp
weapons. It is alleged by the complainant that the assault was made on
them by the accused with an intention to kill them. Hence, they
sustained injuries in the said assault.
3.

The say of the Investigating Officer was called. He has
stated that, during investigation, accused Subhash, Gunasekhar,
Subramanyam and Arvind were arrested on 31/05/2022. The said
accused have also sustained injuries in the incident. Therefore, they
had been admitted in Nair Hospital, Mumbai. One wooden bamboo was
discovered and seized on the basis of memorandum statement given by
accused Gunasekhar and one iron rod was discovered and seized on the
basis of memorandum statement given by accused Subhash. Seven
accused are yet to be arrested in the present crime and the present
applicants have not co-operated and stated the names of other
unknown accused. The parties are residing in the same locality. Hence,
if the applicants are granted bail, then there is possibility that there
-3-
BA 1628/22
may be another quarrel between them which may disturb the law and
order situation. Applicants may threaten and pressurise the witnesses
and may hamper the investigation. They may commit similar offence or
may abscond. Hence, the application may be rejected.
4.

Heard the parties. Learned counsel for the applicants
submitted that, applicants are innocent and have not committed any
offence, as alleged. The present F.I.R. No.663 of 2022 registered at
Worli police station is counterblast to their F.I.R. No.662 of 2022
registered against the complainant and his accomplice for assaulting
the present applicants and their family members with dangerous
weapons and thereby, grievously injuring them. He pointed out the
copy of F.I.R. No.662 of 2022 registered against the present
complainant and other accused. He further submitted that co-accused
are already released on bail. Investigation is almost completed and no
further purpose would be served by keeping the applicants behind the
bars. Applicants are ready to co-operate in the investigation and abide
any condition which may be imposed upon them, in the event of their
application being allowed. Hence, they may kindly be released on bail.
5.

Learned A.P.P. vehemently opposed the application and
submitted that, the applicants had attacked the complainant and his
family members with wooden stick, iron rod, etc. and had grievously
injured them. The absconding accused are yet to be arrested and the
weapons used by them in the commission of offence are yet to be
recovered and seized. Hence, the application may be rejected.
6.

I have perused the record i.e. case diary. The learned A.P.P.

was not able to point out any document pertaining to the complainant
-4-
BA 1628/22
and his family members which would prima facie point out that they
have sustained alleged grievous injuries in the said incident. Learned
A.P.P. pointed out some discharge summaries kept in the case diary.
Those Hospital discharge summaries turned out to be of the present
applicants and their family members. Admittedly, F.I.R. lodged by the
present applicants is first in point of time. Hence, at this stage, the
second F.I.R. No.663/2022 can be said to be a counter blast to F.I.R.
No.662/2022. Some of the accused are released on bail and there
appears to be no possibility that present applicant may flee away from
justice. Applicants are not having criminal antecedents and from the
facts and circumstances, it appears that there was a quarrel and fight
between two groups in which both the parties sustained some injuries.
Thus, in view of above discussion, no further purpose would be served
by keeping the applicants behind the bars. Hence, I am inclined to
allow the application and proceed to pass the following order :ORDER
1.

Bail Application No.1628 of 2022 is hereby allowed.

2.
Applicant Nos.1 Subhash Subramanyam Devendra
(Subhash Subramaniuam Devendra) and 2. Gunasekhar Subramanyam
Devendra (Gunasekhar Subramanian Devender) in C.R.No.663 of 2022
registered with Worli police station for the offence punishable under
Sections 307, 324, 504, 506, 506(ii), 143, 147, 148, 149 of the Indian
Penal Code and Section 37(1)(a) r/w. 135 of the Maharashtra Police
Act, shall be released on bail on executing their P.R. bond of
Rs.30,000/- each with one surety each in the like amount, and on
following conditions :(a)
They shall not tamper with the prosecution witnesses and
evidence ;
(b)
They shall furnish their detail address, mobile/contact
number, address proof and identity proof at the time of furnishing bail ;
-5-
BA 1628/22
(c)
In case of change of their residence or mobile/contact
number, they shall inform it to the Court and Investigating Officer ;
(d)
They shall attend the Court regularly, if any charge-sheet is
filed against them ;
(e)
They shall co-operate with the Investigating Officer ;
(f)
They shall not leave the jurisdiction of this Court without
the permission of concerned Metropolitan Magistrate and if the case is
committed to this Court, without the permission of this Court ;
(g)
They shall not give any threat or pressurise the
complainant and witnesses in any manner which may dissuade them
from disclosing any fact of the case to the police officer or to the Court.
3.

Provisional cash bail of like amount is allowed.

4.
Bail shall be furnished before concerned Metropolitan
Magistrate. If the case is committed to this Court, then the bail shall be
furnished before this Court.
5.

Bail Application is disposed off accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date: 2022.07.08
15:10:25 +0530
Date : 05/07/2022.
Dictated on
Transcribed on
Signed on
: 05/07/2022.
: 07/07/2022.
:
( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

-6-
BA 1628/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
08/07/2022 at 3.15 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 05/07/2022.

JUDGMENT/ORDER signed by
P.O. on
08/07/2022.

JUDGMENT/ORDER uploaded on
08/07/2022.