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Judgment
15 paragraphs · 400 wordsShircy V., J
The petitioners are the accused in Crime No. 242 of 2020 of Kannavam Police Station, Kannur registered for the offences punishable under Sections 448, 506 and 302 read with Section 34 of Indian Penal Code.
The prosecution allegation is that on 05.07.2020 the petitioners have assaulted the deceased with the intention to cause his death with deadly weapons and inflicted fatal injuries on him. Though he was rushed to the hospital, he succumbed to the injuries and thus the petitioners have been booked for the aforementioned offences.
The petitioners are in custody since 06.07.2020.
Now the records would reveal that the investigation of the case is over and final report has been submitted before the jurisdictional court and committal proceedings are also over and the case is pending as S.C. No. 42 of 2021 before the Additional Sessions Court-IV, Thalassery.
The learned counsel for the petitioners would submit that they are undergoing incarceration since the date of their arrest on 06.07.2020. But they are totally innocent of the allegations levelled against them and hence, this application.
The learned Public Prosecutor has no serious objection in considering the application for their release on bail as the investigation of the case is over and it is pending for trial. The petitioners have also no criminal antecedents as reported by the learned Public Prosecutor.
Accepting the said submission, I think that these petitioners can be released on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioners shall not enter into the jurisdictional limits of Kannavam Police Station for a period of three months from today.
(iii) The petitioners shall co-operate with the trial of the case.
(iv) The petitioners 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.
(v) The petitioners 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.