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Judgment
11 paragraphs · 331 wordsK. Babu, J
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioners are accused Nos.2 and 3 in Crime No.678/2022 of Koodal Police Station, Pathanamthitta District. The offences alleged against the petitioners are punishable under Sections 294(b), 323, 353 and 332 r/w Section 34 of the Indian Penal Code.
The prosecution case is that on 25.09.2022 at about 1:45 PM, when the defacto complainant, who is a Civil Police Officer attached to Koodal Police Station, on getting information over phone that some passengers were detained by 3 persons near Edathara Junction, reached the scene, the petitioners and the other accused with an intent to prevent the defacto complainant and other Police Officers from discharging their official duties, showered obscene words towards them and voluntarily caused hurt to the defacto complainant.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
The learned counsel for the petitioners submitted that the petitioners are innocent of the allegations levelled against them.
The petitioners were arrested on 25.09.2022 and have been in judicial custody since then. The materials placed before the Court show that the investigation is in final stage. Having regard to the nature of the allegations, the stage of investigation and the tenure of judicial custody undergone by the petitioners, this Court is of the view that they can be granted bail on conditions.
In the result, the Bail Application is allowed as follows:
(a) The petitioners shall be released on bail on their executing 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.
(b) The petitioners 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.
(c) The petitioners shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.