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Judgment
13 paragraphs · 362 wordsBechu Kurian Thomas, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.744/2023 of Kalamassery Police Station, Ernakulam District. The offences alleged against the petitioner are under Sections 341, 324 and Section 307 of the Indian Penal Code, 1860.
According to the prosecution, the accused, who is a friend of the defacto complainant, had due to an enmity and with intent to commit murder, wrongfully restrained the defacto complainant and inflicted a stab injury on the abdomen, which resulted in occlusion of the omentum and thereby committed the offences alleged.
I have heard Sri.M.I.Anwar Sadath, learned Counsel for the petitioner and Sri.Sreeja.V.learned Public Prosecutor.
Petitioner was arrested on 17.04.2023 and he has been under detention since then. Though five criminal antecedents are alleged, two are under the Abkari Act while one crime is under the Kerala Police Act apart from one NDPS crime for possessing a quantity less than the commercial and also another motor vehicle offence. Considering the period of detention already undergone as well as regard being had to the stage of investigation, I am of the view that despite petitioner having five criminal antecedents in his name, further detention is not necessary.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence .
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.