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Judgment
10 paragraphs · 305 wordsC.Pratheep Kumar, J
This is an application for regular bail filed under Section 439 Cr.P.C by the 1st accused involved in Crime No.2875 of 2023 of the Ernakulam Town North Police Station. The offences alleged against the petitioner are under Sections 341, 323, 324, 326, 308, 294(b) r/w 34 of Indian Penal Code (IPC).
The Prosecution case is that on 19.11.2023, the petitioner, along with other accused persons, with a common intention to manhandle the de facto complainant, wrongfully restrained and assaulted him using granite stone as well as a helmet, resulting in a fracture to the nasal bone. The accused has been in custody since 20.11.2023.
According to the learned counsel for the petitioner, this is a false case foisted against him and also that he is innocent.
On the other hand, the learned Public Prosecutor opposed the application .
The respondent filed a statement to the effect that there is one more case against the petitioner namely Crime No.646/2018 of the ET North Police Station under Sections 143, 147, 294(b), 341, 149, 506 of the IPC.
Considering the fact that the petitioner is in custody since 20.11.2023 and the only other case against him is not serious in nature, I am inclined to allow this application, subject to the following conditions :-
(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Court below.
(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of January, 2024, whichever is earlier.
(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.