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Judgment
11 paragraphs · 357 wordsC.S. Sudha, J
This is an application filed under Section 438 of Cr.P.C. for pre-arrest bail. The petitioners herein are A5 and A6 in Crime No.1074/2021 of Chavara Police Station, Kollam District, registered alleging commission of offences punishable under Sections 143, 147, 148, 294(b), 324, 326 and r/w 149 IPC.
The prosecution case is that on 16.9.2021 at 11.30 p.m. all the accused-six in number formed themselves into an unlawful assembly in furtherance of their common object of assaulting and causing injury to the informant herein and on the said day caused grievous hurt to him and also abused him by calling obscene words. Hence, the accused are alleged to have committed the offences punishable under the above mentioned Sections.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
It is submitted by the learned counsel for the petitioners that they are innocent to the offences alleged against them and that one of the accused in this case had also sustained grievous injury due to the assault by the informant/injured herein. The prosecution has no case that custodial interrogation or custody of the accused for the purpose of effecting recovery of any articles is necessary. The petitioners do not have any criminal antecedents. In such circumstances, I am of the opinion that pre-arrest bail can be granted to the petitioners.
In the result, the application is allowed subject to the following conditions :
(i) The petitioners in the event of their arrest in the aforesaid crime shall be released on bail on their executing a bond for a sum of Rs.50,000/- each (Rupees fifth thousand only) with two solvent sureties for the like sum each.
(ii) The petitioners shall co-operate with the investigation.
(iii) The petitioners shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 5 p.m. till the final report is filed. They shall also appear before the Investigating Officer as and when required by the latter.
(iv) They shall not intimidate or influence the witnesses in any manner or interfere with the investigation.
(v) The petitioners shall not commit any offences while on bail.