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Judgment
15 paragraphs · 402 wordsShircy V, J
Application for regular bail.
The petitioner is the 18th accused in Crime No.434 of 2021 of Cherthala Police Station, Alappuzha District registered for the offences punishable under Sections 143, 147, 148, 120(B), 94(B), 341, 324, 326, 307 and 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution allegation is as follows:
The petitioner is a member of SDPI. The deceased was a member of BJP. Political rivalry was existing between two groups. The petitioner along with the other accused owing to their political enmity towards the deceased and his party, on 24.02.2021 formed an unlawful assembly, armed with deadly weapons with the intention to commit murder of one Nandu R.Krishna the deceased, attacked him as well as his friends with deadly weapons and inflicted fatal injuries on his head. His friends also sustained grievous injuries in the attack, due to political rivalry. Thereby, they have committed the aforesaid offences.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner would submit that he has not committed any offence as alleged by the prosecution.
This petitioner was arrested on 08.11.2021.
The learned Public Prosecutor has submitted now the investigation of the case is over and charge sheet has already been submitted before the jurisdictional court on 24.05.2021. It also submitted by the learned Public Prosecutor that the petitioner has no criminal antecedents.
Considering the fact that the investigation of the case is over and the petitioner has no criminal antecedents, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his 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 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.
(iii) The petitioner shall co-operate with the trial of the case.
(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.