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Judgment
9 paragraphs · 292 wordsApplication for regular bail under Section 439 Cr.P.C.
The applicant is the sole accused in Crime No.551/2020 of Marayur Police Station, Idukki, for having allegedly committed offence punishable under Section 302 of the IPC.
The prosecution case, in brief, is that on 04.10.2020 at about 3.30 p.m, in front of the shop of one Chandran near Pathadipalam Ganapathi Temple in Marayoor Kara, the applicant murdered the brother of the de facto complainant and thus committed the offence. He was arrested on 05.10.2020 and has been in remand since then. Custodial interrogation and recovery is completed.
The applicant has been in custody for more than the statutory period contemplated under Section 167(2) Cr.P.C and it is admitted that the final report could not be filed because the statements of some witnesses under Section 164 of the Cr.P.C could not be recorded on time. In view of the fact that statutory bail is mandatory and the applicant cannot be detained for a period more than the statutory period stated in the Court, the applicant is entitled to bail.
In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
(1) He shall appear before the investigating officer as and when called for.
(2) He shall not attempt to influence or intimidate the witnesses.
(3) He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.