The Court granted anticipatory bail to the applicant in a robbery case punishable under Section 394 and 34 of the IPC, setting conditions for cooperation with police, reporting, and maintaining silence to prevent tampering.
Application allowed; bail on ₹25,000 bond; reporting to police station and restrictions on tampering.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1/3 13 ABA-325-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.325 OF 2022
Sudhakar Manivel Harijan @ Kattiya .. Applicant
Versus
State of Maharashtra
.. Respondent
Ms.Afreen Shaikh for the Applicant.
Ms.S.S.Kaushik, A.P.P. for the State/Respondent.
PSI Shri Kamlesh Patil attached to Sewree Police Station present.
CORAM: BHARATI DANGRE, J. DATED : 07th MARCH, 2022
P.C:-
M.M.Salgaonkar
2/3 13 ABA-325-22.doc
The role attributed to the third person is picking up two notes of Rs.500/- from his rear pocket, and snatching the key of his vehicle.
The applicant i.e. the third person is described by his approximate age, colour and the clothes he was wearing and it is the case of the prosecution that the applicant is this third person.
When the learned APP is asked about the basis on which the applicant is shown as a wanted accused in the chargesheet, she submits that it is on the basis of the statement of the co-accused, who has roped him.
M.M.Salgaonkar
3/3 13 ABA-325-22.doc
assaulted by the accused persons, was immediately examined. The injury certifcate from J.J.Group of Hospital would reveal blunt trauma and swelling. The injuries are referred to as simple injuries. The amount which has been robbed from the complainant is a sum of Rs.1,000/-.
In the wake of the above, I do not think that the custodial interrogation of the applicant is warranted, but in order to complete the investigation of the crime, as against the present applicant, he shall co-operate with the Investigating Offcer by attending the police station, in the following manner.
: ORDER :
(a) The application is allowed.
(b) In the event of arrest in C.R.No.659 of 2021 registered with Sewari Police Station, applicantSudhakar Manivel Harijan @ Kattiya shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/with one or two sureties of the like amount.
(c) The applicant shall report to the concerned police station on 15th and 23rd March, 2022 between 10.00 a.m. and 2.00 p.m. and, thereafter, as and when directed.
(d)The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with the prosecution evidence.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant apprehending arrest in a robbery case.
Whether conditions for reporting and bond are necessary to prevent tampering with evidence.
Sudhakar Manivel Harijan @ Kattiya
State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
