jpc ba1069-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1069 OF 2011 Ganeshan Phonuswami Devendram ... Applicant Versus The State of Maharashtra ... Respondent Mr. S. V. Marwadi i/by Mr. Vinayak V. Katti for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 28th July, 2011 P.C. : 1. Heard Mr. Marwadi, the learned advocate for the applicant and Mr. Saste, the learned APP for the State. 2. I have gone through the First Information Report and other annexures to the bail application. 3. The applicant has been named in the First Information Report and undoubtedly, an active role has been attributed to him. However, the role is confined to holding the first informant after one blow had already been given to him by the co-accused Chandran. The applicant is not alleged to be armed at the time of the incident and he is not alleged to have assaulted the victim or anybody else. 4. The applicant is in custody since 3rd March, 2011. The trial has not jpc ba1069-11.sxw 2 yet commenced. Though the involvement of the applicant in the alleged offence is prima facie disclosed , a distinction can be made between the case of the applicant and the actual assailant. Moreover, I am informed that there are no antecedents. 5. The learned APP submits that the applicant is a resident of Tamilnadu and therefore, likely to abscond, if released on bail. In view of this, I am inclined to release the applicant on bail by imposing appropriate condition. 6. The application is allowed. 7. The applicant is ordered to be released on bail in the sum of Rs. 40,000/- (Rupees forty thousand ), with one surety in like amount or two sureties in the sum of Rs.20,000/- each, on the condition that he shall report to Kandivali Police Station on every Sunday, till disposal of the case against him. (A.M. THIPSAY, J.)