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Judgment
11 paragraphs · 392 wordsC. Pratheep Kumar, J
This is an application for regular bail filed under Section 439 Cr.P.C by the 2nd accused in Crime No.321/2024 of Vadakkekad Police Station. The offences alleged against the petitioner are under Sections341, 324, 308 r/w 34 IPC.
The Prosecution case is that on 13.4.2024, at about 1 am., the accused persons 1 to 4 blocked the car of the defacto complainant, that accused Nos.2 and 3 brandished a knife towards the defacto complainant and voluntarily caused hurt to him. It is also alleged that if the defacto complainant did not evade the blow inflicted by the 3rd accused towards his neck, the same would have even resulted in his death.
According to the learned counsel for the petitioner, in fact the defacto complainant along with others were attacking him and his friend and in that respect, Vadakkekad Police registered Crime No.320 of 2024. The petitioner has produced copy of the FIR in Crime No.320/2024. As per the above FIR, the defacto complainant herein along with four others wrongfully restrained the petitioner herein and voluntarily caused hurt to him and beat him with a helmet. The offences involved in the above crime are under sections143, 147, 148, 341,323,324, 308 r/w 149 IPC.
The learned Public Prosecutor opposed the application.
It appears that in connection with this case there is a another case also. In the connected case, the petitioner herein is the victim and defatcto complainant. The offences under Section 324 and 308 are involved in both the cases. The petitioner is in custody since 15.4.2024.
In the above circumstances, considering the fact that the petitioner is in custody since 15.4.2024, I am inclined to allow this application, subject to the following conditions :-
(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.
(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of June, 2024, whichever is earlier.
(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.
(iv) The petitioner shall not involve himself in similar offence while on bail.