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Judgment
12 paragraphs · 395 wordsM.B.Snehalatha, J
This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The petitioner is accused No.2 in Crime No.615/2024 of Keezhvaipur Police Station. The above case is registered against the petitioner and the other accused alleging offences punishable under Sections 296(b), 115(2), 118(1) and 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
The prosecution case is that on 14.09.2024, at 11.00 p.m, at Chamakunnumala, accused No.1 attacked the defacto complainant on his head by beating him with a plastic chair. Subsequent to the said incident, accused Nos.1 and 2 attacked the defacto complainant at 2.00 a.m., with a chopper and caused injury to his left wrist and chest. When the wife of the defacto complainant intervened, accused kicked her. Accused thereby committed offences punishable under Sections 296(b), 115(2), 118(1) and 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
The learned counsel for the petitioner contended that the petitioner is innocent and has not committed any of the offences alleged and he was falsely implicated. Accused is in judicial custody from 25.11.2024. It was also pointed out that pre-arrest bail was granted to accused Nos. 1 and 3
The learned Public Prosecutor opposed the application.
It is not in dispute that pre-arrest bail was granted to accused Nos. 1 and 3. It is also an admitted fact that accused No.2, who is the petitioner herein is in judicial custody from 25.11.2024 onwards. Having regard to the period of detention undergone by the petitioner and the progress made in the investigation, this Court is of the view that further detention of the petitioner is not necessitated. Hence, bail granted to him subject to the following conditions:-
(1) The applicant shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties, each for the like-sum to the satisfaction of the Jurisdictional Court.
(2) Accused shall appear before the Investigating Officer on every Saturday in between 9 a.m. and 11 a.m. for a period of three months or till final report is filed whichever is earlier.
(3) Accused shall not influence or intimidate the prosecution witnesses.
(4) Accused applicant shall not involve in any offence of similar nature while on bail.