IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( BAIL ) NO. 334 OF 2009 MR. KAMRUDDIN HAISANI THROUGH NEXT FRIEND MR. MARK D'COSTA ... Applicant Versus STATE THROUGH THE PUBLIC PROSECUTOR AND ANR. ... Respondent Mr. Arun Bras De Sa,Advocate for the applicant. Ms. W. Coutinho, Public Prosecutor for the respondents. Coram:- U. D. SALVI, J. Date:- 6th November, 2009 P.C. Heard. Perused the application, the papers annexed to the application and say. 2. Upon the complaint dated 05.10.2009 lodged by Master Hasan, son of Iqbal Qureshi aged 16 years, resident of Per Seraulim, Salcete, Goa the crime No.327 of 2009 under Section 363, 324, 307, 341 read with Section 34 of I.P.C. and Section 8 of the Goa Children Act was registered against the present applicant Kamruddin Haisani, his manager Richard Rodrigues and a taxi driver Sarvesh Dhuri and one Jaffar. The complaint reveals that the applicant/ accused named therein as a Lotus, a shack owner managed to run hospitality business in the shack with his manager, the co-accused Richard and at one point of time, the complainant worked as an employee of the applicant/ accused in the said shack and had fled away with an amount of Rs.10,000/- given to him by Richard for making payment to Lotus, who was then staying in another shack at Patnem, Canacona. The complaint further reveals that on 24.09.2009, he accompanied Jaffar and another person on bike to Moti Hill, Margao from where Lotus and Richard took him in a tourist car driven by the driver Sarvesh to the room of the Lotus at Patnem, Canacona. At this room, the complaint further reveals, he was made to drink cashew fenny forcibly and assaulted with fist blow kicks and bamboo stick and thereafter, Richard had taken out an air gun and had fired three shots at him causing injuries on leg, thigh and head. The complaint goes on further to reveal that on 25.09.2009, he was assaulted by Lotus between 4.00 hours to 6.00 hours within the confines of the said room with bamboo stick and was kept confined in the said room till 11.00 hours when Richard took him to the beach and immersed him in sea water. He was kept in room till 28.09.2009. 3. The record reveals that initially the complaint came to be recorded at Canacona Police Station and was registered at C.R. No.0/2009 and thereafter, transferred to Margaon Town Police Station for registration of crime. The applicant/ accused and his manager Richard were arrested at Patnem, Canacona on 06/10/2009. Driver Sarvesh Dhuri was also arrested on the same day at his residence situate at Patnem, Canacona. The applicant/ accused thereafter, made discovery of the air gun used in the crime on 08.10.2009. It appears that the driver Sarvesh Dhuri has been released on bail. 4. On this background, the applicant/ accused is seeking his release on bail mainly on the ground that he was not present at the time of the incident of firing and no valid purpose would be served if he is continued to remain in judicial custody. 5. Learned Advocate Arun Bras De Sa for the applicant/ accused pointed out from the order dated 15.10.2009 passed by the President, Children's Court in bail application No.85/2009 that the learned Children's Court while refusing the bail application of the applicant/ accused did observe that there was no material to suggest the presence of the applicant/ accused at the time of firing of air gun by the co-accused Richard. He further pointed out from the said order that the learned Children's court, despite remanding the applicant/ accused to judicial custody, could see the need of custodial interrogation of the applicant/ accused in the investigation under progress. 6. Learned Public Prosecutor Coutinho for the State resisted the application with the say dated 06/11/2009. Primary objection to the grant of bail to the applicant/ accused is the perceived threat to witnesses in the course of on going investigation. Exception is also taken to the release of the applicant/ accused on the ground that the co-accused Jaffar is still absconding and his present whereabouts are not known. 7. Perusal of the order dated 15.10.2009 passed by the Children's Court reveals a reluctance in granting the bail mainly for the reason of pending investigation in crime of serious nature. The case papers reveal that even after passage of about a month after the arrest of the applicant/ accused, the investigation has not succeeded to bring on record the probable witnesses, who could have possibly be the witnesses to the incident such as the persons in the vicinity of the place of offence. The case papers do not reveal anything, which has a potential to hint at such witnesses. It is also not understood from the case papers as to how the applicant/ accused would be assisting the co-accused Jaffar to remain absconding. 8. In the result, the applicant/ accused deserves to be released on conditional bail. The applicant/ accused Kamruddin Haisani shall be released on P.R. Bond of Rs.25,000/- with one or more sureties in the like amount to the satisfaction of the Trial Court subject to the following conditions : (i) shall not leave the limits of Margao Police Station and shall attend Margaon Police Station between 10.00 a.m. and 12.00 noon every day till completion of the investigation. (ii) shall not approach any witness or tamper with the evidence in any manner whatsoever. U. D. SALVI, J. SMA