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Judgment
12 paragraphs · 384 wordsViju Abraham, J
This is an application for regular bail.
The petitioner is the 2nd accused in Crime No.1396 of 2022 of Hosdurg Police Station, Kasaragod District registered alleging commission of offences punishable under Sections 341, 324, 326, 447 & 34 of the Indian Penal Code.
The allegation is that on 25.10.2022 at about 10.30 a.m., the petitioner and other accused attacked the defacto complainant by throwing stones and with key chain. The petitioner is said to have attacked him with a wooden stick on the face. Due to the incident the defacto complainant suffered serious injuries and suffered loss of a tooth and loosening of two other teeth. Thus the accused have committed the abovesaid offences.
Petitioner submits that he was arrested on 01.11.2022 and is in custody since then and that he has no other criminal antecedents. Petitioner further submits that he has been falsely implicated in the abovesaid crime.
Learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant has sustained serious injuries in the alleged incident, but serious overt acts are alleged against the 1st accused. Learned Public Prosecutor upon instructions further submitted that the petitioner has no other criminal antecedents.
Considering the facts and circumstances of the case and also taking into consideration the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:
(i) The petitioner shall execute a 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.
(ii) He shall appear before the investigating officer in Crime No.1396 of 2022 of Hosdurg Police Station, Kasaragod District on all Saturdays at 11.00 a.m. until filing of final report.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1396 of 2022 of Hosdurg Police Station, Kasaragod District may file an application before the jurisdictional court, for cancellation of bail.