1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATIONS (BAIL) NO. 123, 124, 125,126,127 & 128 OF 2009 CRIMINAL APPLICATIONS (BAIL) NO. 123 OF 2009 Umesh Velip .... Applicant V/s State of Goa Through P.P. & Anr. .... Respondents with CRIMINAL APPLICATIONS (BAIL) NO. 124 OF 2009 Raghoba Velip .... Applicant V/s State of Goa Through P.P. & Anr. .... Respondents with CRIMINAL APPLICATIONS (BAIL) NO. 125 OF 2009 Mohandas Velip .... Applicant V/s State of Goa Through P.P. & Anr. .... Respondents with CRIMINAL APPLICATIONS (BAIL) NO. 126 OF 2009 Rohidas Velip .... Applicant V/s State of Goa Through P.P. & Anr. .... Respondents with CRIMINAL APPLICATIONS (BAIL) NO. 127 OF 2009 Umesh Velip .... Applicant V/s State of Goa Through P.P. & Anr. .... Respondents with CRIMINAL APPLICATIONS (BAIL) NO. 128 OF 2009 Harishchandra Velip .... Applicant V/s State of Goa Through P.P. & Anr. .... Respondents Mr. Arun Bras De Sa, Advocate for the Applicant. Mr. C.A. Ferreira, Public Prosecutor for the Respondents. CORAM : N.A. BRITTO, J. DATE : 9 th APRIL, 2009 2 ORDER : Heard. The applicants herein, who are accused in Crime No. 11/2009 of Cuncolim Police Station under Sections 143,147,148,353,332 & 307 r/w 149 IPC seek anticipatory bail after the same has been denied to them by order dated 16/03/2009 of the learned Additional Sessions Judge, Margao. The incident took place on 1/03/2009 at 23.00 hrs. The FIR was filed by ASI Adriano Menezes of Cuncolim Police Station naming about 16 accused out of a mob of about 100 persons. About 7 accused persons were arrested on the same day and other 4 were arrested on 3/03/2009. They were remanded to custody and, subsequently, were ordered to be released on bail by the learned Sessions Judge on 17/03/2009. 2. When these applications were taken up for hearing on 2/04/2009, the present applicants were directed to join investigations on 3/04/2009 and for the next 3 days. The applicants did appear at the police station and the submission now being made on behalf of the Investigating Officer is that they did not co-operate with the investigations. 3. Be that as it may, the incident took place on 1/03/2009 and under the following circumstances, the first informant was a member of the team of bandobast duty on the occasion of the Shree Shantadurga Ballikarin being 3 taken in a procession in palanquin. The procession had started from the temple of Lord Ganapati situated at Velipwada, under police protection when it was obstructed by about 50 to 60 persons. With the help of the police, the Mahajans of Shree Shantadurga Devasthan took the procession to the temple of Lord Ganapati and after puja, the procession was returning to the main temple of Shree Shantadurga Ballikarin and it is at this time, a mob consisting of 100 persons including the applicants obstructed the procession, tuned violent and when the police force intervened they were attacked with stones, lathis, fist blows and of kick blows. To this violence indulged by the applicants a statement has been added stating that the mob attempted to commit murder of the police officials. The said ASI Shri Adriano Menezes and ASI Ramakant Faldessai sustained injuries. The medical certificate shows that ASI Menezes had suffered a head injury apparently caused with some object on the head. The medical certificate of ASI Faldessai shows that he had suffered injury on the right hand and the forehead and some other abrasions. Although Section 307 has been added, in my view, the offence allegedly committed by the applicants and/or other accused does not seem to be so serious as to deny them the benefit to anticipatory bail. 4. Considering the facts of the case, therefore, the applications are hereby granted, and, in the event of arrest of the applicants, they shall be released on bail upon execution of a bond of Rs. 5,000/- with one surety in the like 4 amount to the satisfaction of the Investigating Officer and with a further condition that the applicants herein shall appear for a further period 3 days between 10.30 a.m. to 1.00 p.m. before the Investigating Officer in order to enable him to complete the investigations. This order shall remain in force till the filing of the charge sheet. N.A. BRITTO, J. NH/-