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Judgment
13 paragraphs · 396 wordsMohammed Nias C.P., J
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioners are the accused in Crime No.334 of 2023 of Cheemeni police station for having committed offences punishable under Sections 448, 341, 323, 324, 326 r/w 34 of IPC.
The allegation against the petitioners is that on 23.07.2023 at about 16.40 hours, the accused, with their common intention, trespassed into the court yard of the house of the first informant, wrongfully restrained him, caught hold of his collar, beat him using a roof tile and thereby causing grievous injuries and inflicted stab injuries on his mother. Hence, the accused are alleged to have committed the offences mentioned above.
The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives, and only minor injuries have occurred. At any rate, he points out that the petitioners are in custody from 10.08.2023, and continued custody of the petitioners is unnecessary.
The learned public prosecutor opposed the petition and points out that the petitioners are not entitled to get bail.
After having considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor and considering the nature of the offences and the injury allegedly inflicted by the petitioners and also the fact that petitioners are in custody from 10.08.2023, also since there is no apprehension raised by the prosecution that if they are released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners.
Accordingly, this application is 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/- (Rupees fifty thousand only) each 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 be involved 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.