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Judgment
11 paragraphs · 393 wordsC. Jayachandran, J
In the instant application for regular bail, the petitioner is the 4th accused in Crime No.404/2022 of Attingal Police Station. The offences alleged are under Sections 294(b), 323, 324, 326 and 308, read with Section 34 of the Indian Penal Code.
The prosecution would allege that due to their previous animosity, accused Nos.1 to 4 have attacked the defacto complainant on 16.04.2022 at 7.30 pm. The 1st accused assaulted on his nose with a stone. Accused Nos.2 to 4 pushed him into a canal and inflicted injury on his index finger and wrist. The accused persons have thus committed the offences enumerated above according to the prosecution.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records. This application was opposed by the learned Public Prosecutor.
Having heard the learned counsel appearing on both sides, this Court is inclined to allow this bail application. The petitioner has been in judicial custody for the past one month, he having been arrested on 16.04.2022. The overt act alleged against the petitioner/4th accused is not as serious as the one alleged against the 1st accused. Besides, the learned Public Prosecutor would confirm, upon instructions, that the petitioner has no criminal antecedents, whatsoever. In the circumstances, this Court is of the view that further incarceration of the petitioner would serve no useful purpose.
Resultantly, this Bail Application is allowed and the petitioner/4th accused is directed to be released on bail on execution of a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties, each for the like amount to the satisfaction of the trial court, subject to the following conditions:
(i) He shall appear before the investigating officer on every Saturday between 10 am and 11 am for a period of two weeks and thereafter, once in a month for a period of two months and thereafter, as and when required by the investigating officer.
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not indulge himself in any other offence while on bail.
(iv) He shall not leave India, except with prior permission of the trial court.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the trial court for cancellation of bail.