High CourtsSingle Bench

Baiju vs State Of Kerala

High Court Of Kerala · Decided on 26 July 2023 · Citation: (2023) 07 KL CK 0196

HON’BLE JUDGES
K.Babu, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 294(b), 308, 324, 447
RESULT
Allowed
CASE NUMBER
Bail Application No. 5925 Of 2023
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Judgment

11 paragraphs · 245 words

K.Babu, J

1.

This is an application filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioner is the sole accused in Crime No.1031 of 2023 of Kunnikkode Police Station. The offences alleged against the petitioner are punishable under Sections 447, 294(b), 324 and 308 of the Indian Penal Code.

3.

The petitioner was arrested on 05.07.2023 and has been in judicial custody since then.

4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

The materials made available would reveal that the investigation is in the final stage. This Court is of the view that further incarceration of the petitioner is not required.

6.

Having regard to the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the 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) The petitioner shall appear before the Investigating Officer on all Mondays and Fridays 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) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.