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Judgment
20 paragraphs · 405 wordsThe applicant is the 2nd accused in Crime No.1781 of 2020 of Ollur Police Station, Thrissur, for having allegedly committed offences punishable
under Sections 143, 147, 148, 341, 323, 324, 307 and 302 read with Section 149 of the IPC. The prosecution case, in brief, is this:
On 29.09.2020, at about 5.40 AM, the applicant and the other accused, had formed an unlawful assembly and in prosecution of the common object
of the said unlawful assembly, to commit murder of One Sasi, who is the friend of the defacto complainant, on 29.09.2020, wrongfully restrained him
and attacked him by means of a dangerous weapon like a knife and he was done to death at a place near Ollur Government College Ground. It was
the 1st accused, who allegedly stabbed him with a knife repeatedly and inflicted fatal wounds to which he succumbed on 09.10.2020. The applicant
states that he has been implicated only by virtue of Section 149 IPC and that accused Nos. 3, 4 and 5 have been granted bail. Applicant, also similarly
placed, may be granted bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor submits that the applicant
has no criminal antecedents. Similarly placed, accused Nos. 3 to 5 were already granted bail. The main perpetrator of the crime is the 1st accused,
who has stabbed the deceased with a knife. He is also apprehended and the knife has been recovered. Hence, no purpose will be served by detaining
the applicant.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty
thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not enter the concerned Police Station limits except on being asked to appear before the Police Station for the reason of the investigation.
(iii) He shall not intimidate or influence witnesses and tamper with evidence.
(iv) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.