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Judgment
12 paragraphs · 373 wordsMohammed Nias C.P, J
These applications are filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioner in B.A. No.7613 of 2023 is the sole accused in Crime No.532 of 2023 of Vadakkekara police station for having allegedly committed offences punishable under Section 294(b), 323, 324, 506, and 307 of IPC. The petitioner in B.A. No.7636 of 2023 is the sole accused in Crime No.531 of 2023 of Vadakkekara police station for having committed offences punishable under Section 294(b), 326, 506, and 307 of IPC.
The allegation is that on 08.08.2023 at about 8.30 p.m., due to previous enmity between the petitioners, there arose a conflict among them, and both the petitioners, in the case and the counter case, sustained injuries in the incident. Hence, the accused in both cases,the petitioners in these applications, are alleged to have committed the offences mentioned above, resulting in the registration of the above crimes under Section 307 of IPC. The petitioners are in custody from 13.08.2023.
The learned counsel appearing for the petitioners would submit that a compromise has been arrived at between the parties and the matter is settled as evident from Annexure A3 produced in the cases. It is also submitted that no charge sheet has been filed.
Taking into account the fact that the petitioners are in custody from 13.08.2023, and on the basis of Annexure A3 affidavit, I hold that bail can be granted to the petitioners.
Accordingly, these applications are allowed, and the petitioners are granted bail subject to the following conditions:-
(i) The petitioners shall be released on bail on executing a bond for Rs.50,000/- each (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioners shall report before the Investigating Officer as and when required to do so.
(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
(iv) The petitioners shall not involve in any other crime while on bail.
(v) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.