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Judgment
13 paragraphs · 401 wordsShircy V, J
This application for regular bail has been filed by the 3rd accused in Crime No. 1951 of 2021 of Thiruvalla Police Station registered for the offences punishable under Sections 294(b), 324, 307 506(ii) and 34 of Indian Penal Code.
The petitioner has been in custody since 05.09.2021.
The prosecution allegation is that on 03.09.2021 at about 10 p.m. this petitioner along with the other accused, with the intention to cause the death of the defacto complainant, had hacked him with a sword and caused severe injuries and thereby committed the aforesaid offences.
The learned counsel for the petitioner submits that though this petitioner is arraigned as the 3rd accused, he has not committed the offence as alleged. The injuries were caused by the 1st and 2nd accused. The only allegation against this petitioner is that he was riding the motor cycle along with accused Nos. 1 and 2 who had caused fatal injuries on the defacto complainant at the time of the incident.
Though the said submission is refuted by the learned Public Prosecutor, it has been reported that the investigation of the case is over and charge sheet has been filed before the jurisdictional court as early as on 31.10.2021. As per the report of the learned Public Prosecutor, this petitioner has no criminal antecedents also.
Considering the nature of the accusation levelled against the petitioner, the period of detention undergone by him in custody, and also the fact that the investigation is over and charge sheet has been filed, further detention of this petitioner appears to be absolutely unnecessary.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall co-operate with the trial of the case.
(iii) The petitioner 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.
(iv) The petitioner 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.