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Judgment
13 paragraphs · 358 wordsK.Babu, J
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is accused No.3 in Crime No.200/2023 of Chavakkad Police Station. The offences alleged against the petitioner are punishable under Sections 143, 147, 148, 341, 323, 308 and 324 r/w Section 149 of the Indian Penal Code.
The prosecution case is that on 18.03.2023 at 10.30 pm, the petitioner and other accused formed themselves into an unlawful assembly armed with deadly weapons, and voluntarily caused hurt to the de facto complainant. The petitioner and the other accused committed the above acts in furtherance of their common intention and with the knowledge that if they by that act caused death of the defacto complainant, they would be guilty of culpable homicide not amounting to murder.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The learned counsel for the petitioner submitted that the other accused in this case were granted pre-arrest bail by this Court as per order dated 28.04.2023 in B.A.No. 2898 of 2023.
The learned Public Prosecutor opposed the bail plea of the petitioner.
The materials placed on record would reveal that the investigation is in the final stage. This Court is of the view that further incarceration of the petitioner is not necessary.
Having regard to the nature of the allegations, stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.
In the result, the Bail Application is allowed as follows:
(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(b) The petitioner shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.
(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.