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Judgment
22 paragraphs · 379 wordsK.Haripal, J
Petitioner is the 20th accused in Crime No. 434/2021 of Cherthala police station, which was registered alleging offence under Sections 143, 147,
148, 120B, 294(b), 341, 324, 326, 307, 302 read with 149 of the Indian Penal Code and also Section 27 of the Arms Act.
It is alleged that on 24.02.2021, the accused persons, 37 in number, formed into an unlawful assembly and in prosecution of their common object
attacked and injured the defacto complainant and one Nandu R. Krishna and caused grievous injuries to them. Later due to the gravity of the injuries,
the said Nandu R. Krishna succumbed to the injuries. The petitioner was arrested on 20.06.2021.
The learned counsel for the petitioner submits that all other accused who were arrested have been granted bail; that investigation has been
completed and final report is already laid.
The learned Public Prosecutor has also submitted that all who have been arrested were released on bail; accused Nos. 2, 3, 4, 18 and 21 are still at
large, they could not be apprehended; the petitioner does not have criminal antecedents to his credit.
In the circumstances and having regard to the fact that the other accused have been granted bail, the detention of the petitioner is an idle exercise.
He has no criminal antecedents. Therefore, he shall be released on bail on the following conditions:-
i) The petitioner 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;
ii) He shall not try to contact or influence the witnesses or tamper with the evidence;
iii) He shall not involve in any crime during the bail period;
iv) He shall not leave the country without permission of the jurisdictional Court;
v) He shall be present before the trial court on all dates of posting;
vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of
Covid 19 pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.
This bail application is allowed as above.
