B.A.451/2024
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MHCC020030262024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.451 OF 2024
IN
C.R.NO. 747/987 OF 2023
Samuvel Mahamani Dravid,
Age 22 years, An adult Indian
Inhabitant of Mumbai, residing
at Room no.729, Ganesh Chawl,
Madras Wadi, Gaondevi, Vakola
Pipe Line, Santacruz (East),
Mumbai – 400 055
…Applicant
Vs.
State of Maharashtra
(Through Vakola Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 12th March 2024
Shri B.T. Dravidar, learned advocate for applicant.
Shri V. C. Malankar, learned APP for State/Respondent
ORDER
01.

The applicant Samuvel Mahamani Dravid has filed this
second application under Section 439 of Code of Criminal Procedure for
granting regular bail in connection with Crime No.747/987 of 2023
registered in Vakola, Police Station, Mumbai, for the offence under
B.A.451/2024
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Section 307, 504, 341, 342, 452, 120(B) r/w. 34 of the Indian Penal
Code, on the allegations that the applicant and co-accused committed
house trespass, stabbed the victim Smt. Rajeshwari Arjun and her two
daughters by means of knife and attempted to commit their murder.
02.

The investigating officer through learned APP filed reply
(Exh.2) and opposed the application. It is contended that the applicant
and co-accused committed house trespass and stabbed to the victim
Smt. Rajeshwari and her two daughters by means of knife and wooden
bamboo on the ground of previous property dispute. It is further
contended that in the course of investigation it is transpired that the
applicant and co-accused hatched criminal conspiracy and committed
the present offence. In the course of investigation the clothes used by
present applicant are collected from the spot of incident and weapon of
offence i.e. knife is recovered from the house of co-accused Vignesh
Ramesh Devendra. The offence is serious and in the course of
investigation it is transpired that the applicant actively participated in
the
offence.

According
to
the
investigating
officer,
in
such
circumstances, if the applicant released on bail, there is possibility of
hampering investigation, pressurizing the informant and prosecution
witnesses, committing similar offence and fleeing away from justice.
Hence, the investigating officer prayed to reject the application.
03.

Heard Shri B.T. Dravidar, learned advocate for applicant
and Shri V. C. Malankar, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. The earlier bail application filed by the
applicant came to be rejected by this Court as per the order dated
13/12/2023. The applicant has moved present second bail application
B.A.451/2024
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mainly on the ground that the investigation is completed and chargesheet is filed. The investigating officer opposed the application mainly
on the ground that in the course of investigation it is transpired that the
applicant and co-accused on the ground of previous property dispute
stabbed the victim Smt. Rajeshwari and her two daughters and
attempted to commit their murder. The name and role of the applicant
is specifically mentioned in the First Information Report. The victim
Rajeshwari and her daughters in their police statements categorically
stated about the incident. The medical certificates placed on record
shows that victim Smt. Rajeshwari Arjun and her daughter Tamilavasi
Arjun have sustained grievous injuries and another daughter namely
Divya has sustained simple injury. It further appears that after
registration of this offence the mother of applicant namely Maheshwari
again threatened to the victim and her daughters. Both the daughters of
victim Smt. Rajeshwari are minor. The applicant has not brought on
record any substantial change in the circumstances. On the contrary,
considering the nature of offence and other aspects, apprehension
placed on record by the investigating officer are well founded. In the
facts and circumstances of the case the applicant is not entitled to
release on bail. Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.451 of 2024 is rejected.

2.

Thus, Criminal Bail Application No.451 of 2024 stands disposed
of.

12/03/2024
Dictated on
: 12/03/2024
Transcribed on : 13/03/2024
Signed on
: 14/03/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
14/03/2024
5.30 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
12/03/2024
JUDGEMENT /ORDER signed by P.O.
on
14/03/2024
JUDGEMENT /ORDER uploaded on
14/03/2024