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Judgment
21 paragraphs · 352 wordsShircy V, J
Application for regular bail.
The petitioner is the 1st accused in Crime No.238/2021 of Chittarikkal Police Station, Kasaragode District registered for the offences punishable
under Sections 341, 323, 324, 294(b), 506, 308 and 34 of the Indian Penal Code.
The prosecution allegation is as follows:
This petitioner on 19.05.2021 at about 13.45 hours along with his wife/the 2nd accused wrongfully restrained the defacto complainant and beaten her
with a mop stick and caused injuries to her. They have also attempted to commit culpable homicide due to their enmity towards her and thereby
committed the aforesaid offences.
The learned counsel for the petitioner would submit that this petitioner is the brother of the defacto complainant and is having some property dispute
and the defacto complainant due to the enmity towards him and his wife had falsely implicated them in this case. In fact, he is undergoing unnecessary
incarceration right from 19.05.2021. Hence this application.
The learned Public Prosecutor has submitted that the defacto complainant has not sustained serious injuries and now the investigation of the case is
almost complete.
Having regard to the present stage of investigation, the period of detention undergone by this petitioner in custody and his relationship with the
defacto complainant , I think that his request for his release on bail can be favourably considered subject to the following conditions:
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each
to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.