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Judgment
15 paragraphs · 381 wordsBechu Kurian Thomas, J
These are applications for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
Petitioners are accused Nos. 1 and 2 in Crime No.1249 of 2022 of Narakkal Police Station, Ernakulam District, alleging offences punishable under Sections 341,323,324 and 308 read with Section 34 of the Indian Penal Code, 1860.
According to the prosecution, the accused had on 29.10.2022 assaulted the defacto complainant (the 3rd respondent), while the 2nd
accused stabbed him and the 4th respondent on his shoulders with a knife and thereby the accused actedin furtherance of their common intention and committed the offences alleged.
Sri.M.V Vipindas, the learned counsel for the petitioners contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that the entire disputes between the parties have already been settled which is evident from an affidavit dated 11.01.2023 wherein it is stated that the defacto complainant has no objection.
Sri.Denizen Komath, learned counsel appearing on behalf of respondents 3 and 4 also submitted that the matter has been settled between the parties as is evident from the affidavit and that the defacto complainant stands by the contents of the said affidavit.
Sri.P.G Manu, the learned Public Prosecutor also upon instruction, submitted that the matter has been settled as stated in the affidavit dated 11.01.2023.
Having regard to the settlement arrived at between the parties, I am of the view that, the petitioners ought to be released on anticipatory bail, however on conditions.
Accordingly, these applications are allowed on the following conditions:
(i) Petitioners shall be released on bail on they executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like sum if they are arrested by the police in connection with this case.
(ii) Petitioners shall appear before the Investigating Officer for interrogation if they are so required in writing and shall co-operate with the investigation.
(iii) Petitioners shall not destroy or tamper with the evidence.
(iv) Petitioners shall not commit any other similar offences while they are on bail.
In case of violation of any of the above conditions, the jurisdictional Magistrate is empowered to cancel the bail in accordance with law.