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Judgment
15 paragraphs · 385 wordsK.Babu, J
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is accused No.1 in Crime No.230/2022 of Sasthamcotta Police Station. The offences alleged against the petitioner are punishable under Sections 143, 147, 323, 324, 325 and 308 read with Section 149 of the Indian Penal Code.
The prosecution case is that on 15.02.2022 at around 9.30 p.m., at Manakkara Muri in Sasthamcotta Village, the petitioner and other accused formed themselves into an unlawful assembly, armed with deadly weapons voluntarily caused hurt to the de facto complainant and his friends. The petitioner and the other accused committed the above acts in furtherance of their common intention and with the knowledge that, if they by that act caused death of the de facto complainant, they would be guilty of culpable homicide not amounting to murder.
The petitioner was arrested on 22.02.2022 and has been in judicial custody since then.
Heard the learned Counsel for the petitioner and the learned Public Prosecutor.
Learned Public Prosecutor opposed the bail plea of the petitioner on the ground that he has criminal antecedents.
Learned Counsel for the petitioner submitted that the antecedents cited by the learned Public Prosecutor related to some minor incidents happened during the college life of the petitioner.
The materials placed before the Court would reveal that the investigation is in the final stage. The petitioner has been in judicial custody since 22.02.2022.
Having regard to the stage of investigation and the tenure of judicial custody undergone by the petitioner, this Court is of the view that the petitioner is entitled to be released on bail.
In the result, this Bail Application is allowed as follows:
(a) The petitioner shall be released on bail on his executing 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.
(b) He shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.
(c) He shall not involve in any other offences while on bail.
(d) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.