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Judgment
13 paragraphs · 365 wordsBechu Kurian Thomas, J.
This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.
Petitioner is the first accused in Crime No.293 of 2023 of Kollam East Police Station, alleging offences under Sections 341, 294(b), 324,, 326 and 307 r/w Section 34 of the Indian Penal Code, 1860.
According to the prosecution, due to previous enmity with the defacto complainant, the accused had on 24.02.2023, restrained the defacto complainant and his friends and manhandled them and after shouting to kill them, the first accused took a knife and stabbed the defacto complainant on the shoulder and he suffered grievous injury and thereby committed the offences alleged.
I have heard Sri.B.K.Gopalakrishnan, the learned counsel for the petitioner and Smt.Neema T.V., the learned Public Prosecutor.
Petitioner has been in custody from 07.05.2023. The offences alleged are serious in nature. Petitioner is alleged to have stabbed the defacto complainant on the abdomen. A perusal of the wound certificate also revealed that the injuries sustained are serious. Even though the learned Public Prosecutor had pointed out that there are two antecedents against the petitioner, I am of the view that considering the period of detention already undergone, I am of the view that further detention would amount to punishment before conviction.
Accordingly, I allow this bail application on the following conditions :-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.