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Judgment
5 paragraphs · 236 wordsK.H.N. Kuranga, C.J.
This petition has been filed by the applicant u/s 438 Cr.P.C. for grant of anticipatory bail. He is accused No. 2 in Crime No. 6/2001 registered by Adivashi Jan Kalyan Police Station (Jagdalpur) for the offences punishable u/s 302 and 323 read with Section 34 of I.P.C.
The accused No. 1 is Lokuram. The incident took place on 07.03.2001 and the allegation is that the applicant and another accused assaulted the deceased with hands and lathis. The act attributed to the applicant is that he assaulted the deceased with hands. Accused No. 1 Lokuram has already been released on bail by this Court on 16.08.2001. According to the Doctor who conducted the post mortem examination, he was unable to give definite opinion about the cause of the death of the deceased.
Since, the accused No.1 has already been released on bail by this Court and the act attributed to the present applicant is that he assaulted the deceased with hands. I am of the opinion that the applicant is also entitled to similar relief.
Accordingly, the petition is allowed. In the event of arrest of the applicant by Adivashi Jan Kalyan Police (Jagdalpur), he shall be released on bail on his executing a bond in the sum of Rs. 10,000/- with two sureties for the like sum to the satisfaction of the aforesaid Police. The applicant shall not tamper with the prosecution evidence.