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Judgment
13 paragraphs · 404 wordsViju Abraham , J.
This is an application for regular bail.
The petitioner is the sole accused in the Crime No. 902/2022 of Koothattukulam Police Station, Ernakulam District alleging commission of offences punishable under Sections 341, 323, 324, 325, 294(b) and 308 of the Indian Penal Code.
The allegation of the prosecution is that on 28.08.2022 at about 9.30 PM, while the defacto complainant was sitting in the verandhah of his house, the accused has kicked on his face causing injuries to his left eye and eyebrow and thereafter when he fell down, he was stamped on his leg causing fracture of the middle toe of his right leg and thus the accused committed the above said offences.
The learned counsel for the petitioner submitted that the petitioner was arrested on 06.10.2022 and is in custody since then. It is also submitted that the further detention of the petitioner may not be required for the purpose of investigation.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The learned Public Prosecutor seriously opposed the application for bail, mainly contending that the injuries was sustained by the defacto complainant is severe in nature and petitioner is involved in two other criminal cases.
Having regard to the facts and circumstances of the case and nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall appear before the investigating officer in Crime No. 902/2022 of Koothattukulam Police Station, Ernakulam District on every Saturday at 11 a.m., until filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 902/2022 of Koothattukulam Police Station, Ernakulam District ;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 902/2022 of Koothattukulam Police Station, Ernakulam District may file an application before the jurisdictional court, for cancellation of bail.