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Judgment
13 paragraphs · 341 wordsBechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioners are accused Nos.1 to 4 in Crime No.366/2023 of Chokli Police Station, Kannur District, alleging offences punishable under Sections 143, 147, 148, 341, 324, 326 and 506 r/w Section 149 of the Indian Penal Code, 1860.
According to the prosecution, on 17.05.2023 at about 10.20 p.m, the accused restrained the defacto complainant and his friends and assaulted them with dangerous weapons causing grievous injuries, after putting them in fear of death and thereby committed the offences alleged.
I have heard Sri. K.Viswan, the learned counsel for the petitioners as well as Smt. Sreeja.V, the learned Public Prosecutor.
Petitioners are alleged to have brutally assaulted the defacto complainant and his friends causing grievous injuries. Two fractures were sustained by the defacto complainant on the ulna. Further, the 1st and 2nd accused have both indulged in a prior crime. However, considering the period of detention already undergone from 18.05.2023, I am of the view that, further detention is not essential, considering the nature of allegations and the stage of investigation.
Accordingly, I allow this application on the following conditions:
a) Petitioners shall be released on bail on them 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 court having jurisdiction.
b) Petitioners shall appear before the Investigating Officer as and when required.
c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
d) Petitioners shall not commit any similar offences while they are on bail.
e) Petitioners shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.