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Judgment
23 paragraphs · 363 wordsK.Haripal, J
The first accused in Crime No.594/2020 of Maranallor Police Station in Thiruvananthapuram district has moved this Court under Section 439 of the
Cr.P.C.
The allegation is that the accused along with two others had attacked and injured the defacto complainant, while he was travelling on a two
wheeler, and caused him injuries. Thus, offences under Sections 341, 294(b), 308, 427, 323, 324, 506(ii) read with Section 34 of the IPC, besides
offence under Section 27 of the Arms Act are alleged against the petitioner and others. On completion of investigation, charge sheet has already been
laid and now the case is pending in Thiruvananthapuram Sessions division as S.C. No.997/2020.
From the version of the learned counsel for the petitioner itself, it is clear that he is a history sheeter which has been reiterated by the learned Public
Prosecutor.
According to the learned Public Prosecutor, he has six other cases including offence under Section 302 IPC, under the provisions of the POCSO
Act and under the NDPS Act etc.,
Whatever it may be, I am told that, he has been granted bail in all the other cases. Since, a charge sheet has already been laid, his further detention
is not necessary and therefore, he shall be released on bail on the following conditions:-
i) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the
jurisdictional court;
ii) He shall not try to contact or influence the witnesses or tamper with evidence;
iii) He shall not leave Thiruvananthapuram district during the period on bail;
iv) He shall not leave the country without permission of the jurisdictional Court;
v) He shall appear before the Investigating Officer/committal/trial court as and when required;
vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of
Covid 19 pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.
The bail application is allowed as above.
