[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2438 OF 2008 Kadiravan Silvaraj Devendra ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.S.G.Rajput Advocate for Applicant Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 25, 2008 DATE : JULY 25, 2008 DATE : JULY 25, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.138 of 2007 of Shahunagar Police Station, Mumbai. The said case is mainly under Section 302 of IPC. 3. It is the prosecution case that one Murugan assaulted the deceased. The role attributed to the applicant is that he was present on the spot armed with weapon. It is not the prosecution case that the applicant had assaulted any person in the incident. Moreover, during the investigation, the [-2-] statement of Shrikumar Rajasinha Pannem has been recorded. Shrikumar Pannem is the employee of the present applicant. His statement shows that the applicant was present at his place of service at the time of the incident and the place where the applicant was employed, was Andheri which is far away from the place of incident i.e. Dharavi. Looking to this fact and the fact that the applicant has not assaulted any person during the incident, I am inclined to grant bail. 4. The applicant-Kadivaran Silvaraj Devendra to be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicant to report to Shahunagar Police Station Mumbai, once in a week till the conclusion of the trial. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]