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Judgment
11 paragraphs · 359 wordsThis is an application for regular bail under Section 439 of the Cr.P.C.
The applicant is the sole accused in Crime No.39/2021 of Sreekandapuram Police Station for having allegedly committed the offences punishable under Sections 452 and 307 of the I.P.C.
The prosecution case, in brief, is that on 18.02.2021 at about 19.15 PM due to the previous enmity towards the de facto complainant, the applicant made preparations to commit murder and trespassed into his house and attacked him by means of a dangerous weapon like a knife causing a stab injury on his chest, which could have proved fatal had he not been given medical attendance immediately.
The applicant states that he is innocent and the allegations are not true and that he has been falsely implicated and prays that he may be released on regular bail.
Heard the learned Counsel for the applicant and the learned Public Prosecutor.
The applicant was arrested on 19.02.2021, the recovery is completed and the investigation is also over and the final report has already been filed before the jurisdictional court, the learned Public Prosecutor submits under instructions.
Considering the fact that the investigation has already been completed and the final report has also been filed before the court, I find that further incarceration of the applicant is not necessary, particularly for the reason that he has no other criminal antecedents. As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:
i) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation;
ii) He shall not attempt to influence or intimidate the witnesses; and
iii) He shall not get involved in similar offences during the currency of the bail.
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.