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Judgment
14 paragraphs · 359 wordsMohammed Nias C.P.J
This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.
The petitioners are accused Nos. 1 to 5 in Crime No. 1007/2023 of Kalpetta Police Station, Wayanad District, for having allegedly committed offences punishable under Sections 323, 324, 326, 308 read with Section 34 of the Indian Penal Code.
The prosecution allegation is that on 28.08.2023 at about 12.15 hours, there occurred a heated exchange of words between the defacto complainant and accused persons in the parking area of Jaitha Theatre, Kalpetta in connection with the booking of tickets and out of that enmity the accused persons in furtherance of common intention attacked the defacto complainant and causes injury to him and thereby committed the offence.
The learned counsel appearing for the petitioner would say that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners have been in custody since 28/08/2023, and continued custody of the petitioners is unnecessary.
The learned public prosecutor opposed the petition and points out that the petitioners are not entitled to bail.
After considering the submissions and considering that the petitioners have been in custody since 28/08/2023, I hold that bail can be granted to the petitioners as no apprehension is raised of the petitioner's absconding if released on bail and as no antecedents are pointed out.
Accordingly, this application is allowed, and the petitioners were granted bail subject to the following conditions:-
(i) The petitioners shall be released on bail on 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 jurisdictional court;
(ii) The petitioners shall report before the Investigating Officer as and when directed.
(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
(iv) The petitioners shall not be involved in any other crime while on bail.
If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.
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