1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5611 OF 2010 Rajesh T. Harijan ...Applicant. v. State of Maharashtra ...Respondents. Ms Mallika Ingale, adv. for the Applicant. Smt. R.V.Newton, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 6, 2011. P.C. 1 Heard the learned counsel for the applicant and the learned APP. Perused the police papers as well as the medical certificates of the injured persons. 2 Prosecution case in brief is that on 13.4.2010, some quarrel had taken place on account of children in the locality. Being annoyed with that about 10-12 persons assaulted Suresh Subramanyam with different weapons on 14.4.2010 at about 10 p.m. Applicant is the Accused in Crime No.51 of 2010 registered by Aarey Sub Police Station, Goregaon under Section 307 I.P.C. In the F.I.R. names of six assailants were given and they were shown to be accompanied by 5 or 6 more persons. It is also mentioned that accused Raja was holding sword; accused Durai Murgan was having a koyta; accused Rajesh, who is the 2 present applicant, was armed with iron pipe. Other three accused Subhash Selvaraj, Suresh Vellaswami and Suresh Rajendra were armed with knife and koyta. All these persons assaulted Suresh Subramanyam with weapons in their hands and caused several injuries on head and other parts of the body. After he fell down, the present applicant assaulted on his head with iron pipe due to which he suffered bleeding injury on the head. Besides Suresh Subramanyam , Ranjit Ravi Harijan and Srinivas Arumugam were also injured. It appears that initially Suresh Subramanyam was taken to the Municipal Hospital and from there he was taken to Singhi Hospital for treatment. Medical certificate issued by Singhi Hospital shows that he had suffered fracture of frontal bone and fracture of pritcerior and postero lateral wall of maxillary sinus and also fracture of left ulna. 3 The manner in which 10-12 persons including the present applicant assaulted, prima-facie shows that they had come prepared with common intention. Taking into consideration injuries on the head in view of the role played by the present applicant and the weapon in his hand, in my opinion, it will not be in the interest of justice to grant bail. There is every possibility that if he is granted bail, he may tamper with the prosecution evidence and/or may abscond and may not be available 3 for trial. 4 Therefore, application stands rejected. However, as the case is already committed to the Court of Sessions, trial Court shall expedite the hearing and dispose off the same by the end of April, 2010. (J.H. BHATIA,J.)