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Judgment
13 paragraphs · 385 wordsMohammed Nias C.P. J
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioner is the 3rd accused in Crime No.1608/2023 of Hill Palace police station, Tripunithura, Ernakulam, for having committed offences punishable under Sections 307, 323, 324, 341 and 506 r/w 34 of the Indian Penal Code.
The prosecution case is that on 20.07.2023 at about 11.30 a.m., the accused herein forcefully obstructed the vehicle in which the defacto complainant was travelling. The 2nd accused pulled out a sword-like object and inflicted a cut on the back side of the defacto complainant. The 3rd and the 4th accused arrived on the spot in an auto rickshaw and kicked the defacto complainant and thereby committed the said offences.
The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 21.07.2023, and continued custody of the petitioner is unnecessary.
The learned Public Prosecutor opposed the petition.
After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking note of the nature of the allegations against the 3rd accused, particularly that the overt act is alleged against A2 , the fact that he has been in custody since 21.07.2023 and since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.
Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs.50000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall report before the Investigating Officer as and when directed
(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(iv) The petitioner shall not be involved in any other crime while on bail.
(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;