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Judgment
11 paragraphs · 372 wordsC. Jayachandran, J
The petitioner is the accused in Crime No.184/2022 of Valiyamala Police Station for offences under Section 294(b) and Section 307 of the Indian Penal Code. He is in judicial custody from 22.04.2022 and seeks regular bail by virtue of the instant application.
The prosecution would allege that the petitioner/accused, with intention of committing murder of the defacto complainant, attacked him with a chopper on 07.03.2022 at 12.45 am in front of the residence of the petitioner, causing injury to the defacto complainant, thus committed the offences enumerated above.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records. This application was opposed by the learned Public Prosecutor.
Having heard the learned counsel appearing for the respective parties, this Court is inclined to allow this bail application. The petitioner is in judicial custody for the past 25 days, thus serving the purpose of interrogation adequately. Although, a criminal antecedent has been referred to in Annexure A5 order of the learned Magistrate (i.e.Crime No.625/2018 of the Valiyamala Police Station), the learned Public Prosecutor, upon instructions, would submit that presently, no crime is pending wherein the petitioner is an accused. In the circumstances, further incarceration of the petitioner would not serve any useful purpose.
Resultantly, this Bail Application is allowed and the petitioner/accused is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties, each for the like amount to the satisfaction of the trial court, subject to the following conditions:
(i) He shall appear before the investigating officer on every Saturday between 10 am and 11 am for a period of two weeks and thereafter, once in a month for a period of two months and thereafter, as and when required by the investigating officer.
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not indulge himself in any other offence while on bail.
(iv) He shall not leave India, except with prior permission of the trial court.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the trial court for cancellation of bail.