IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION ( BAIL ) NO. 1 OF 2008 MR. DAYANAND KARAPURKAR PRESENTLY IN POLICE CUSTODY REPRESENTED BY WIFE SMT. DIVYA KARAPURKAR ... Appellant Versus STATE THROUGH P. I. ATTACHED TO PANAJI POLICE STATION ... Respondent Mr. A.N.S.Nadkarni,with Mr. Sarvesh Kamat Malyeker, Advocate for the applicant. Mr.C.A.Ferreira,Public Prosecutor for the State. Coram:- D. B. BHOSALE, J. Date:- 18th January, 2008 P.C. Heard learned Counsel for the applicant and Mr.C.A.Ferriera,learned Public Prosecutor for the state. This application is filed by the applicant for being released on bail. The applicant came to be arrested by the Panji Police on 3.1.2008 in crime No.211/2007 registered at the instance of Sankalp Amonkar for the offences punishable U/s.143,147,149,323,325,326,307,427,120-B read with Section 149 of the Indian Penal Code. It is alleged that on 18.12.2007 the accused persons, including the present applicant, in pursuance of a criminal conspiracy, formed an unlawful assembly, and armed with deadly weapons such as stones, iron rods, hockey sticks and swords, assaulted the complainant and his associates, who are described as members of the Youth Congress namely Shri Chidambaram Chanekar, Narayan Redkar and Jitesh Kamat. According to the prosecution, when they were going in morcha to the house of local M.L.A. at Taleigaon, a large mob, consisting of the accused persons, attacked the morcha in which the complainant and his 3 associates sustained injuries. Out of the injured witnesses Chidambaram Chanekar and Ashwin Khalap sustained grievous injuries while Narayan Redkar and Jitesh Kamat suffered simple injuries. On perusal of the medical certificate and the other record, it appears that the complainant-Amonkar did not sustain any injury. It is against this backdrop, Mr. Nadkarni, learned Counsel for the applicant vehemently submitted that the applicant though named by the complainant, has not participated in the alleged offence assaulting either Chidambaram Chanekar or Ashwin Khalap, who sustained grievous hurt in the alleged incident. He submitted that the accused has co-operated with the investigation while in police custody and he is now in judicial custody and that his custody is not required any further. He submitted that the applicant may be released on bail on such conditions as this Court deem it proper. Lastly he submitted that the present applicant is a Corporator and there are no chances of his absconding and that he is prepared to give undertaking that he shall not tamper the evidence, if released on bail. On the other hand, learned Public Prosecutor has opposed the prayer by filing affidavit stating therein that the applicant being influential person, if released on bail at this stage, is likely to tamper the evidence. The investigation is still in progress and the other accused have not been arrested so far. The weapons used by the accused have yet not been recovered. In view thereof, he submitted, this application be rejected. I perused the order passed by the Sessions Court and also the other material placed before me including the injury certificates of all the victims so also the statements of the witnesses, who according to the learned Public Prosecutor have named by the present applicant and attributed overtact to him. It appears that except Chidambaram and Ashwin Khalap, no other injured has sustained injuries of serious nature. Mr.Chidambaram and Ashwin Khalap have suffered one injury each which is described by the Doctor as grievous and it is on the vital part of body. Insofar as Jitesh Kamat and Narayan Redkar are concerned, the injuries sustained by them are described as simple injuries. The complainant and Jitesh Kamat are the only witnesses who, according to the learned Public Prosecutor, have named the applicants. Insofar as the complainant is concerned, he has simply stated that the present applicant was one of the accused who instigated the mob to attack the complainant and the other persons in the morcha. Jitesh Kamat, who sustained simple injuries, has stated that the present applicant assaulted him with kick and fist blows. None of the witnesses has stated that the accused was either armed with any deadly weapon or he used the said weapon for assaulting victims. Considering the overall facts and circumstances of the case, I am inclined to enlarge the applicant on bail. Hence, the following order. 1) The applicant is directed to be enlarged on bail on his furnishing a personal bond of Rs.25,000/- with one or two sureties of the like amount to the satisfaction of the learned J.M.F.C., subject to the following conditions: a) The applicant shall report to the concerned police station on every Monday, Wednesday and Friday between 10.00 a.m. to 12.00 noon till the end of February 2008 and thereafter, on every Saturday between 10.00 a.m. to 11.00 a.m. till the trial is concluded. b) It is needless to state that he shall not make an attempt, direct or indirect, to tamper with the evidence. The application is disposed of. D. B. BHOSALE, J. SMA