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Judgment
14 paragraphs · 331 wordsBechu Kurian Thomas, J
This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.
Petitioner is the first accused in Crime No.257 of 2023 of Kareelakulangara Police Station, Alappuzha District, alleging offences punishable under Sections 294(b), 323, 324, 506, 341 and 308 read with Section 34 of the Indian Penal Code, 1860.
According to the prosecution, on 18.05.2023, at around 4.00 P.M., the first accused abused the defacto complainant and attempted to beat him with an iron rod on his head and since the same was evaded, serious injury which may have resulted in his death was averted. The second accused is alleged to have caught hold of the defacto complainant and assaulted him and thereby committed the offences alleged.
I have heard Sri.Sergi Joseph Thomas, learned counsel for the petitioner, as well as Smt.T.V.Neema, learned Public Prosecutor.
Petitioner was arrested on 19.05.2023. Having regard to the period of detention already undergone and the nature of the offences alleged against the petitioner, I am satisfied that the petitioner can be released on bail.
In the result, this application is allowed 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.