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Judgment
6 paragraphs · 249 wordsV.G.Arun, J
Petitioner is the accused in Crime No. 1239 of 2022 of the Palakkad Town South Police Station, registered for the offences punishable under Sections 341,324,326,308 and 498A of the Indian Penal Code. The prosecution allegation is that, by reason of certain matrimonial disputes between the petitioner and his wife / 2nd respondent, the petitioner assaulted the 2nd respondent with a cricket bat on 12.12.2022. As a result, the 2nd respondent sustained fracture to her right hand. The petitioner was arrested and remanded to custody on 15.12.2022. The application for bail moved before the jurisdictional Magistrate Court was rejected as per Annexure A1. Hence this bail application.
Learned counsel for the petitioner submitted that even if the prosecution case is accepted for the sake of argument, there is no justification in continuing the petitioner's custody beyond 57 days.
Learned Public Prosecutor submitted that the grievous nature of the injury sustained by the 2nd respondent had deterred the Magistrate Court from granting bail.
No doubt, the allegations raised against the petitioner are serious. Even then, considering that the petitioner has been in judicial custody from 15.12.2022 onwards, I am inclined to allow the bail application.
The petitioner shall be enlarged on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties, to the satisfaction of the court below. The court below can impose conditions for ensuring the petitioner’s co-operation with the investigation and safety of the 2nd respondent.