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Judgment
A.P. Lavande, J.—All these applications u/s 438 of Cr.P.C. are filed by the applicants against whom Crime No. 25/08 is registered at Cuncolim Police Station and as such, they are being taken up together. Heard Mr. Furtado for the applicants. Ms. Coutinho, appearing for the respondents seeks time of one week to file reply.
Madhusudan Navelkar has lodged an FIR vide Crime No. 25/2008 for the offences punishable under Sections 143, 147, 323, 341, 352, 504, 506(II), read with 149 IPC. The allegations made by the informant are that all the applicants with common object, formed an unlawful assembly, assaulted the informant Madhusudan Navelkar with danda of bamboo, koita, and wrongfully restrained the workers of the informant by blocking the passage and also abused them.
The learned Addl. Sessions Judge, Margao dismissed the anticipatory bail applications filed by the applicants by a common order dated 21st May, 2008.
Mr. Furtado, the learned Counsel appearing for the applicants submitted that except Section 506(II) IPC, all other offences are bailable and considering the nature of the allegations made against the applicants, the applicants be released on ad interim bail. He also submitted that three of the applicants are ladies and, therefore, interim relief be granted. Considering the nature of the allegations made and having regard to the facts and circumstances of the case, I am of the opinion that this is a fit case in which the applicants deserve to be released on ad interim bail, subject to certain conditions. Accordingly, I pass the following order :
In the event of the arrest of the applicants or any one of them, each of the applicants shall be released on bail upon execution of the bail bond in the sum of Rs. 10,000/-with one surety in the like amount to the satisfaction of the Investigating Officer, subject to the following conditions :
(i) the applicants shall report at the Cuncoliem Police Station on 31st May, 2008 between 10.00 a.m. to 1.00 p.m. and thereafter, as and when directed by the Investigating Officer.
(ii) the applicants shall co-operate with the Investigating Officer in the investigation of the crime.
(iii) the applicants shall not tamper with the prosecution evidence.
(iv) the applicants shall not indulge in any criminal activities.
It is, however, made clear that in the event the applicants or any one of them fail/s to report at the Cuncolim Police Station on 31st May, 2008 at 10 a.m. or thereafter as and when directed by the Investigating Officer, interim protection granted to the applicants shall stand vacated and the Investigating Officer shall be free to arrest the applicant who does not report at the Police Station.
S.O. to 6th June, 2008. Humdust allowed.