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Judgment
15 paragraphs · 415 wordsShircy V., J
Application for regular bail.
2.. The petitioner is the 3rd accused in Crime No.1064 of 2021 of Kalady Police station registered for the offences punishable under Sections 201, 304 read with 34 of the IPC.
The prosecution allegation in brief is that the 1st accused with the intention to commit murder of one Sumesh pushed him down to a rough concrete surface while they were playing cards in the upstairs of a building on 20.8.2021 and caused fatal injury on the rear side of his head and when he fell unconscious he was brought downstairs along with the 2nd and 3rd accused, the petitioner, and put him in front of an electrical shop in the presence of the 4th and 5th accused and left the place without attending him or shifting him to the hospital and thus caused his death.
The petitioner has been in custody since 29.08.2021.
Heard the rival contentions and perused the records .
Originally the case was registered under Section 304 and 201 read with Section 34 of Indian Penal Code. The earlier application filed by this petitioner along with the 2nd accused was considered by this court and the application was dismissed.
Thereafter, the investigating agency has conducted further investigation and altered the charge as Section 302 and 201 read with Section 34 of Indian Penal Code. Now the investigation of the case is over and charge sheet has been filed before the jurisdictional court and the case is pending as C.P. No. 41 of 2021.
Considering the entire facts and circumstances involved in this case, I find that further detention of this petitioner is not required in this case.
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.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 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 learned Magistrate is empowered to cancel the bail in accordance with the law.