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Judgment
40 paragraphs · 393 wordsPetitioner is the third accused in crime no.2847/2017 of
Perumbavoor police station. He is alleged to have committed
along with others offences punishable under Secs 143, 148,
294 (b), 324, 341, 452 and 506 of IPC read with IPC 149. The
petitioner seeks bail under Sec.438 of Cr.P.C .
The prosecution case is as follows: The incident took
place at 1.00 p.m on 3.9.2017. The accused persons
trespassed into the house of the first informant and inflicted
injuries on her and her children with sticks.
Heard the learned counsel for the petitioner and the
learned public prosecutor.
The petitioner has his own version of the incident. It
is not necessary to go into that version. I am told by the
learned counsel for the petitioner that accused 5 and 6 in the
same crime case has been granted bail under Sec.438 of Cr.P.C
by this court in BA No.7110/2017. I am shown a copy of the
said order. This court has said in the said order that the victim
sustained only minor injuries. It is stated that sharp edged or
heavy weapon was not used. It was therefore found that there
was no necessity for any custodial interrogation on the
petitioners therein. As accused 5 and 6 have been granted
bail, there is no reason why the petitioner should be denied a
similar treatment. I therefore allow the application.
The application is allowed. If arrested in connection
with crime no.2847/2017 of Perumbavoor police station, the
petitioner shall be released on bail after interrogation on his
executing a bond for Rs.25,000/-(twenty five thousand only)
with two solvent sureties each for the like sum to the
satisfaction of the investigating officer. The petitioner shall
report to the investigating officer between 10.00 a.m and 11.00
a.m on every Friday for a period of two months or till the filing
of the final report, whichever is earlier. The petitioner shall
refrain from intimidating or attempting to influence witnesses;
nor shall he destroy or tamper with evidence. The court
concerned is hereby empowered to cancel the bail in
accordance with law if any of the above conditions is violated.
If the petitioner surrenders before the court concerned, this
order shall have no effect and the said court will pass
appropriate orders in accordance with law as if this order has
not been passed.
