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Judgment
12 paragraphs · 366 wordsShircy V, J
Application for regular bail.
The petitioner, who is undergoing incarceration since 15.11.2021 in connection with Crime No.686/2021 of Wadakkumcherry Police Station registered for the offences punishable under Sections 452, 326, 341, 324, 506 and 308 of the Indian Penal Code, has moved this application for his release on bail.
The prosecution allegation is that on 06.07.2021 at about 10.00 p.m., the petitioner had trespassed into the residential house of the defacto complainant and attacked him with a sharp edged weapon normally used for tapping of toddy and caused grievous injuries to him including fracture, due to his enmity towards him and thereby committed the aforesaid offences.
The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. In fact, the defacto complainant is his relative and now the investigation of the case is almost complete.
The learned Public Prosecutor has also submitted that the investigation of the case is nearing completion.
Of course the allegations are grave and serious in nature. But as the investigation of the case is nearing completion, further detention of this petitioner may not be necessary for the investigating agency to submit the final report. The petitioner has no criminal antecedents also. Therefore, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner 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 to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.