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Mani vs State Of Kerala And Ors

High Court Of Kerala · Decided on 23 April 2021 · Citation: (2021) 04 KL CK 0165

HON’BLE JUDGES
K. Babu, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 324, 326
RESULT
Allowed
CASE NUMBER
Bail Application No. 3105 Of 2021
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Judgment

13 paragraphs · 354 words
1.

This Bail Application is filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioner is the 1st accused in Crime No.21/2021 of Rajakkadu Police Station, Idukki District. The offences alleged against the petitioner are punishable under Sections 307, 324 and 326 read with Section 34 of the Indian Penal Code.

3.

The prosecution case:

On 30.1.2021 due to enmity towards defacto complainant, with the intention of murder, the petitioner drove a car bearing registration No.KL-69/C-2893 at high speed and hit on the body of the defacto complainant. The defacto complainant sustained fracture of the bone of the right arm.

4.

The petitioner was arrested on 5.3.2021 and he has been in judicial custody since then. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6.

The learned counsel for the petitioner submitted that civil disputes are pending between the the petitioner and the defacto complainant and that he has been falsely implicated this crime due to the enmity arose from those disputes.

7.

The learned Public Prosecutor submitted that the investigation is almost in final stage and further incarceration of the petitioner is not required.

8.

Having regard to the nature of the allegations, the stage of enquiry and the tenure of judicial custody undergone by the petitioner, I am of the view that he is entitled to be released on bail on conditions.

In the result, this Bail Application is allowed subject to the following conditions :

(a) The petitioner is ordered to be released on bail on his executing 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.

(b) The petitioner shall appear before the Investigating Officer on all Wednesdays between 10 A.M. and 11 A.M. till the final report is filed.

(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution.

(d) If any of the bail conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.