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Judgment
The applicants are accused Nos. 1 and 2 in Crime No.163 of 2020 of Hosdurg Police Station, Kasargod, for having allegedly committed offences
punishable under Sections 143, 147, 148, 341, 324, 294(b), 452 and 308 read with Section 149 of the IPC. Subsequently, offences were altered to
Sections 341, 324, 294(b) and 452 read with Section 34 of the IPC. The prosecution case, in brief, is this:
The applicants were earlier granted anticipatory bail by this Court in B.A.No.4063 of 2020 dated 23.07.2020. There were certain conditions
imposed to the effect that they shall not get involved in any offences during the bail period. However, the applicants got involved in another Crime
No.518 of 2020 of the same Police Station, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 324, 308 read with
Section 149 of the IPC. And, therefore, the bail granted to them stood cancelled by the jurisdictional court. The applicants have been in custody since
05.11.2020. They pray that they may be granted bail and they are willing to co-operate with the investigation and shall not commit any breach of the
conditions that was imposed. Considering the fact that the applicants have been in custody since 05.11.2020, they may be granted bail on stringent
conditions.
In the result, the application is allowed and the applicants are directed to be released on bail on the execution of bonds for Rs.50,000/-(Rupees Fifty
thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further
conditions:
(i) They shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months or till filing of the
final report whichever is earlier.
(ii) They shall surrender their passports before the jurisdictional court and if they do not have one, file an affidavit to that effect.
(iii) They shall not intimidate or influence witnesses and tamper with evidence.
(iv) They shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.