Mumbai, January 22, 2024: The Sessions Court for Greater Mumbai has rejected the bail application of Radhakrishna Elumalai Harijan, who stands accused in an attempted murder case registered under Vakola Police Station. The court, presided over by Additional Sessions Judge V. M. Sundale, denied bail citing the seriousness of the allegations, potential threats to witnesses, and the ongoing nature of the investigation.
Case Background
The case (C.R. No. 987/2023) involves an alleged knife attack on Rajeshwari Harijan and her two minor daughters at their residence in Santacruz, Mumbai, on November 12, 2023. According to the First Information Report (FIR), the applicant and two unidentified individuals forcibly entered the victim’s house between 10:30 p.m. and 11:00 p.m. and launched a brutal attack. Rajeshwari reportedly suffered severe injuries to her neck and stomach, while her daughters sustained stab wounds to their noses and stomachs.
Following the incident, the accused was arrested and has since been in custody at Arthur Road Jail. The case was filed under Sections 307 (attempt to murder) and 504 (intentional insult with intent to provoke breach of peace), read with Section 34 (common intention) of the Indian Penal Code.
Prosecution’s Opposition to Bail
The prosecution, represented by Assistant Public Prosecutor (APP) Ms. Ratnavali Patil, strongly opposed the bail plea. The investigating officer argued that:
- The offense is of a grave nature, carrying a potential life sentence or a minimum of ten years of imprisonment.
- The accused is the primary perpetrator, and the weapon used in the crime has been recovered from his possession.
- The accused has a prior criminal record, with a similar offense (C.R. No. 276/2021) previously registered at Vakola Police Station.
- The investigation is still in its early stages, with critical processes such as recording the victims’ statements under Section 164 of the Code of Criminal Procedure (CrPC) and conducting a test identification parade yet to be completed.
- There is a significant risk that the accused may intimidate or pressure the victims and witnesses.
Victim’s Objection to Bail
The victim, Rajeshwari Harijan, also intervened in the bail hearing through her legal representative, Advocate Himanshu Singh. She reiterated the prosecution’s concerns, highlighting that the accused’s mother had allegedly threatened her and her daughters following the attack. Given these circumstances, she argued that granting bail would jeopardize the safety of the victims and hinder the investigation.
Court’s Decision
After hearing arguments from both sides, the court found substantial grounds to deny bail. Judge V. M. Sundale observed that:
- The allegations against the accused are serious and specific.
- The investigation is at a crucial stage, with key evidence still being collected.
- There is a credible apprehension that the accused may interfere with the investigation, influence witnesses, or commit further offenses.
Given these factors, the court rejected Criminal Bail Application No. 61/2024 and ordered that the accused remain in judicial custody.
Legal Implications and Next Steps
The rejection of bail underscores the judiciary’s strict stance on violent crimes, particularly those involving repeat offenders. The decision also highlights the importance of protecting victims and witnesses in sensitive cases.
With the investigation still ongoing, the next steps in the legal process will include the recording of the victims’ statements and the test identification parade. The prosecution is expected to file a chargesheet once all necessary evidence is gathered.
The case continues to be closely monitored, as it raises critical concerns regarding domestic violence, repeat offenders, and the legal system’s role in ensuring justice for victims of violent crimes.
