Vyankatesh Ravi Devendra Vengadesh and Ors Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1488 of 2022

IN THE COURT OF SESSIONS FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1488 OF 2022
1. Vyankatesh Ravi Devendra @ Vengadesh
Age : 24 years, Occ: Service
R/a: Room No.136, Dr.A.B.Road,
Madraswadi, Motilal Nehru Nagar,
Worli, Mumbai-400 018.
2. Vicky @ Vighnesh Ravi Devendra
Age : 21 years.
R/a: Room No.136, Dr.A.B.Road,
Madraswadi, Motilal Nehru Nagar,
Worli, Mumbai-400 018.
3. Surya Palanniswami Devendra
Age : 21 years,
R/a: Room No.73, Dr.A.B.Road,
Madraswadi, Motilal Nehru Nagar,
Worli, Mumbai-400 018.
4. Ganesh Laxman Devendra
Age: 27 years.
R/a: Room No.136, Dr.A.B.Road,
Madraswadi, Motilal Nehru Nagar,
Worli, Mumbai-400 018.
5. Krishna Ganpati Devendra
Age: 33 years.
R/a: Room No.73, Dr.A.B.Road,
Madraswadi, Motilal Nehru Nagar,
Worli, Mumbai-400 018.
6. Avinash Abhimannyu Devendra
Age: 22 years.
R/a: Room No.180, Dr.A.B.Road,
Madraswadi, Motilal Nehru Nagar,
Worli, Mumbai-400 018.

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7.Akshay Karan Devendra
Age: 22 years.
R/a: Room No.73, Dr.A.B.Road,
Madraswadi, Motilal Nehru Nagar,
Worli, Mumbai-400 018.
8. Sarvana Velu Devendra
Age: 23 years.
R/a: Room No.79, Dr.A.B.Road,
Madraswadi, Motilal Nehru Nagar,
Worli, Mumbai-400 018.
9. Velu Muniappan Devendra
Age: 45 years.
R/a: R/a: Room No.52, Dr.A.B.Road,
Madraswadi, Motilal Nehru Nagar,
Worli, Mumbai-400 018.

… Applicants/Accused
Versus
State of Maharashtra
(At the instance of Worli
Police Station.)

… Respondent.

Ld. Advocate Mr. A.R.Singh for applicants/accused.
Ld.APP Mrs. Raykar for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 28th June, 2022.
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
1.

This bail application is from nine accused who are arrested in
C.R.No.662/2022 with Worli Police Station for the offence punishable
under Sections 143,147, 148, 149, 307, 324, 504, 506-II of the I. P.
Code, Section 37 (1) (A) , 135 of the Maharashtra Police Act
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2.

The applicants/accused have asked for bail on the ground that
they have been falsely implicated. No specific role has been attributed
to them. They have permanent residence in Mumbai. Investigation is
over and the first informant is one of their relatives.
3.

The prosecution has objected the application by way of say at
Exh.2.

The objection to the bail is on the ground that, the
applicants/accused and the first informant are relatives of each other
and reside in one area, so the applicants/accused will pressurize the
first informant as well as other witnesses and thus interfere in the
investigation.

The most important fact apprehended by the
investigating officer is that if the applicants/accused are released on bail
they would be flee from the justice.
4.

I heard advocate Mr. A.R. Singh for applicant and Learned APP
Mrs. Raykar for the state at length.
5.

FIR in short discloses that the first informant had attended
ceremony of Goddess Mariamma on 29.5.2022. Then on relevant date
i.e. on 30.5.2022 he had come to attend the said ceremony at around
6.00 p.m. At around 9.30 p.m. he got information that the
applicant/accused Nos.1 to 4 had abused and assaulted his sons namely
Subhash and Gunshekhar. Thereafter at around 11.30 p.m. his wife
Laxmi and sister in law had been at the house of the accused to ask
them why they had assaulted Subhash and Gunshekhar but without
giving reason the accused started to assault them.

So the first
informant and his brother went to save them, but all accused assaulted
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them with hands, kicks blows as well as by sticks and iron rod.
Whenever outsider would try to separate the quarrel, the accused
threatened them by showing weapon not to interfere.

Then after
incident the first informant and witnesses were admitted at hospital for
treatment.
6.

The applicants/accused were arrested on 31.5.2022 and since
then they have been behind bar.
7.

The prosecution has strongly objected the bail application on the
grounds that investigation is still in progress, the first informant,
witnesses and the applicants/accused are relative to each other, so if the
applicants/accused are released on bail, they will pressurize the
witnesses, interfere in the investigation and tamper with the evidence.
8.

Though the prosecution has strongly objected to grant bail to the
applicants/accused the prosecution has not put on record medical
certificate of the victims to understand the gravity of offence. No
specific role has been attributed to the applicants either in FIR or in
statement of the witnesses.

In such situation applicants/accused are
entitled for bail. But to secure their presence for inquiry and trial as
they hail from Tamil Nadu, there is need to ask them to furnish heavy
surety amount. Hence, I pass following order;
ORDER
1. Bail Application No.1488 of 2022 is allowed.
2. Applicants/accused Vyankatesh Ravi Devendra @ Vengadesh, Vicky
@ Vighnesh Ravi Devendra, Surya Palanniswami Devendra, Ganesh
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Laxman Devendra, Krishna Ganpati Devendra, Avinash Abhimannyu
Devendra, Akshay Karan Devendra, Sarvana Velu Devendra and Velu
Muniappan Devendra in C.R.No.662 of 2022 are released on bail on
furnishing P. R. Bond and SB of Rs. 30,000/-(Rs. Thirty Thousand Only)
each with one or more sureties.
3. Provisional cash bail of like amount is allowed. Applicants to furnish
surety within four weeks, after their release.
4. The Applicants/accused are directed to attend Worli Police Station on
every Monday between 09.00 a.m. to 11.00 a.m. till filing of
chargesheet and co-operate the investigating officer in investigation.
5. The applicants shall not tamper with evidence.
6. Bail before the Lower Court.
7. Bail Application No.1488 of 2022 stands disposed off accordingly.

Date : 28.06.2022.
Dictated on
Typed on
Signed on
: 28.06.2022.
: 01.07.2022.
:
(M.S.Kulkarni)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 04.07.2022 at 11.35 a.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
28.06.2022
Order signed by the P.O. On
04.07.2022
Order uploaded on
04.07.2022