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MHCC020006282024
IN THE COURT OF SESSIONS FOR GR. BOMBAY
CRIMINAL BAIL APPLICATION NO. 91 OF 2024
Vellu Vikram Nair
Age 33 years,
R/at:- 16, Zorastrian Building,
Ground floor, Horniman Circle,
Near Central Library Fort,
Mumbai 400001.

..Applicant/accused No.1
Versus
The State of Maharashtra
At the instance of MRA Marg
Police Station, Mumbai.
(Crime No.637 of 2022)
…Respondent/State
Coram : Dr. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 24.01.2024
Decided on : 24.01.2024
Appearance:
Ld. Adv. Mr. Dilip Kokil for the applicant/accused
Ld APP Shri Ajit Chavan for the respondent/State.
ORDER
(Dictated and pronounced in open court)
This is the first bail application filed under Section 439 of Code
of Criminal Procedure, 1973 (“CrPC” in short) before filing of charge-sheet in
connection with C.R.No.637 of 2022, registered with MRA Marg Police
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BA 91/2024
Station for an offence punishable under sections 380 and 457 r/w section 34
of the Indian Penal Code, 1860 (“IPC” in short).
2.

Perused application and reply (Exhibit-02) filed by the State. Heard
both sides extensively.
Applicant is alleged to have stolen cigarette worth of Rs.40,000/-
3.

(Forty thousand only) and cash of Rs.10,000/- (Ten thousand only) from the
shop of informant. Initially he was arrested, however he was released on bail
by learned Metropolitan Magistrate by order dated 29.07.2022. Chargesheet
is already filed and matter is pending at the stage of framing of charge. Other
co-accused seems to be in Judicial Custody since long time. As applicant
remain absent, the Ld. MM could not frame charge. Hence, non bailable
warrant (NBW) came to be issued against him. Applicant came to be arrested
on 07.12.2023 and since then he his behind bars. Bail application of present
applicant came to rejected by learned Metropolitan Magistrate on the ground
of his long standing absence.
Considering nature of offence coupled with the fact that applicant
4.

was already released on bail and chargesheet is already filed, I find it would
be just and proper to give one opportunity to applicant and thereby to
enlarge applicant on bail. However, condition that he shall attend the trial
Court on given dates and co-operate in trial needs to be incorporated. Hence,
I pass following order.
ORDER
A]
The Criminal Bail Application No. 91 of 2024 is allowed.

B]
The applicant Vellu Vikram Nair be released on bail in
connection with C.R.No.637 of 2022, registered with MRA Marg
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BA 91/2024
Police Station for an offence punishable under sections 380 and
457 r/w section 34 of the Indian Penal Code, 1860, on his
executing P. R. of Rs.10,000/- (Ten thousand only) along-with
one surety in like amount with the conditions that ;
i)
Applicant shall attend the Court on given dates and
co-operate trial Court to dispose case at earliest, as other
co-accused is still under trial prisoner (UTP).

ii)
Absence of applicant before the Learned Metropolitan
Magistrate may entail in cancellation of bail.

iii)
Applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing
such facts to the court or to tamper with the evidence.

iv)
Applicant shall furnish two documents as to proof of his
residence at Mumbai with his active phone number to the
concerned police station within 7 days after his release from
the jail.

v)
C]
Applicant shall not commit any criminal act while on bail.

Breach of any condition shall entail the consequences of
cancellation of the bail.

D]
Bail before the Learned trial court.

E]
The Bail Application is disposed of accordingly.

Date :24.01.2024
Dictated on
Transcribed on
Corrected on
Singed on
: 24.01.2024
: 24.01.2024 (AOH)
: 25.01.2024
: 25.01.2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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BA 91/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
25-01-2024 at 02:30p.m
NAME OF STENOGRAPHER
Mr. Gopal N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 24-01-2024
JUDGMENT/ORDER signed by P. O. on
25-01-2024
JUDGMENT/ORDER uploaded on
25-01-2024