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Judgment
14 paragraphs · 366 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.246/2022 of Vidyanagar Police Station, Kasaragod District. The offences alleged against the petitioner are punishable under Sections 143, 147, 148, 323, 324, 326, 308, 506 read with Section 149 of the IPC.
The prosecution case is that the petitioner and the other accused in this case on 12.02.2022 at 18:00 hours formed themselves into an unlawful assembly armed with deadly weapons, and committed criminal intimidation against the de facto complainant and voluntarily caused grievous hurt to him. 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 15.02.2022 and has been in judicial custody since then.
Heard the learned Counsel for the petitioner and the learned Public Prosecutor.
The learned Public Prosecutor opposed the bail plea of the petitioner.
The learned Counsel for the petitioner submitted that the investigation is almost over and further detention of the petitioner is not required.
The materials placed before the Court would reveal that the investigation is almost in the final stage. Having regard to the stage of investigation and the tenure of judicial custody undergone by the petitioner, 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.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court concerned.
(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 3 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 or threaten the prosecution witnesses or attempt to tamper with the evidence.