AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
11 paragraphs · 346 wordsP. G. Ajithkumar, J
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
The petitioner is the accused in Crime No.707 of 2023 of Chirayinkeezhu Police Station. He allegedly had committed the offences punishable under Sections 294(b), 324, and 308 of the Indian Penal Code, 1860. On filing the final report and committal, the case has been instituted as Sessions Case No.269 of 2024. It is seen that the petitioner although was released on bail, he violated the condition resulting in cancellation of the bail. That resulted in his arrest on 23.01.2024. He has been in jail since the said date.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
It is seen that the petitioner sustained serious injury pending consideration of Sessions Case No.269 of 2024. The trial court holding that he did not have any serious infirmity disabling him to appear before the court, his application for bail was dismissed as per the order dated 02.03.2024.
Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and circumstances of the case, I am of the view that further detention of the petitioner is unnecessary. Hence I hold that the petitioner is entitled to be released on bail.
In the result, the bail application is allowed and the petitioner is granted bail on his/her executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court, subject to the following conditions:
(i) He shall not influence or intimidate witnesses or tamper with evidence;
(ii) During the bail period, he shall not get involved in any offence.
(iii) The petitioner shall surrender his passport before the trial court and if he does not have a passport, he shall submit an affidavit to that effect.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.