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Judgment
18 paragraphs · 310 wordsThis is an application filed under Section 439 of the Cr.P.C by the 1st accused in Crime No.1054/2020 of Vadanappilly Police Station alleging
commission of offence punishable under Sections 323, 324, 326, 294(b), 427 read with Section 34 of IPC. After dismissal of the application for
anticipatory bail, he surrendered before the Police on 15.12.2020. Since 15.12.2020 he is in custody. It is submitted that other accused persons are
already on bail, that recovery has been effected.
Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor.
Learned Public Prosecutor submits on instruction that the petitioner/accused has criminal antecedents and his entering in Vadanappilly Police
Station limits at least for the coming months may cause law and order problems. Considering all these aspects and since the petitioner is in custody
from 15.12.2020 and recovery has been effected and investigation is almost at the final stage, there is no point in continuing the judicial custody. He
shall be released on bail on the following conditions:
i) The petitioner shall execute 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;
ii) He shall not interfere with the investigation and shall not influence the witnesses or tamper with evidence.
iii) He shall not enter Vadanappilly Police Station limits for the next two months;
iv) Petitioner shall not leave India without permission of the jurisdictional Court;
v) He shall appear before the investigating officer as and when necessary;
vi) The petitioner shall strictly abide the various guidelines issued by the State Government and the Central Government with respect to keeping of
social distancing in the wake of Covid 19 pandemic.
vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be liberty to cancel the bail in accordance with law.
