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Judgment
12 paragraphs · 353 wordsViju Abraham, J
This is an application for regular bail.
Petitioner is the 1st accused in Crime No.1407 of 2022 of Kunnamkulam Police Station, Thrissur registered alleging commission of offences punishable under Sections 143, 147, 148, 323, 324, 308, 294(b) and 506 read with Section 149 of the Indian Penal Code.
The prosecution allegation is that on 27.11.2022 the applicant along with other accused persons in pursuance of their common intention, formed an unlawful assembly, verbally abused and assaulted the defacto complainant using iron pipe and stick. Thus the petitioner has committed the aforesaid offences.
Petitioner submits that he is in custody from 28.11.2022 onwards. Petitioner further submits that he has been falsely implicated in the abovesaid crime due to an existing rivalry between him and the defacto complainant. In fact the defacto complainant and his friends had stopped the petitioner and his friends while they were returning home after attending the temple festival and there occurred a scuffle and both sides had sustained injuries.
Learned Public Prosecutor upon instructions submitted that the defacto complainant had sustained serious injuries including injury to head and further that the petitioner is involved in two other criminal cases.
Considering the facts and circumstances of the case and the fact that petitioner is in custody from 28.11.2022 onwards, I am inclined to grant bail to him on the following conditions:
(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer in Crime No.1407 of 2022 of Kunnamkulam Police Station, Thrissur on all Saturdays at 11.00 a.m. till the filing of charge sheet.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1407 of 2022 of Kunnamkulam Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail.