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Judgment
12 paragraphs · 357 wordsC.S.Sudha, J
This is an application under Section 438 Cr.P.C. for per-arrest bail filed by the petitioner/A4 in Crime No.2246/2021 of Aryanadu Police Station, Thiruvananthapuram District alleging the offences punishable under Sections 294(b), 323, 324, 341 and 308 read with Section 34 IPC.
The prosecution case is that the accused persons-4 in number, in furtherance of their common intention, on 16.09.2021 at 8.00 p.m., wrongfully restrained the informant and voluntarily caused hurt to him
by beating, kicking as well as attempting to cause injuries to him with a chopper. Hence, the accused are alleged to have committed the offences punishable under the above mentioned Sections.
The application is opposed by the learned Public Prosecutor. It is submitted by the learned counsel for petitioner/4th accused that the petitioner was not even present at the place of occurrence and that he has been implicated as an accused only because he happened to be a friend of the 1st accused. It is also submitted that all the other accused, namely, A1 to A3, were arrested and subsequently enlarged on bail.
Heard both sides. Perused the records.
In the light of the nature of the offences alleged against the petitioner/A4, it appears that the detention and custodial interrogation is not necessary. The petitioner has no criminal antecedents also. Hence, pre-arrest bail can be granted to the petitioner/A4.
In the result, the application is allowed subject to the following conditions :
(i) The petitioner in the event of his arrest in the aforesaid crime shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each.
(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 5 p.m. till the final report is filed. He shall also appear before the Investigating Officer as and when required by the latter.
(iii) The petitioner shall co-operate with the investigation and he shall not intimidate or influence the witnesses in any manner or interfere with the investigation.
(iv) The petitioner shall not commit any offences while on bail.