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Judgment
19 paragraphs · 357 wordsApplication for regular bail under Section 439 Cr.P.C.
The applicant is the fifth accused in Crime No.1581/2019 of Haripad Police Station, Alappuzha, for having allegedly committed offences punishable
under Sections 143, 144, 147, 148, 341, 342, 363, 324 r/w Section 149 of the IPC.
The prosecution case, in brief, is that on 29.09.2020 at about 9 p.m, while the de facto complainant was riding on his motorcycle near the K.V Jetty,
Karuvatta, the 1st accused who was a pillion rider in the motorcycle ridden by the 2nd accused wrongfully restrained the de facto complainant and
thereafter the applicant and the other accused formed an unlawful assembly committed riot armed with deadly weapons like iron pipe and coconut
frond and assaulted the de fact complainant and kidnapped him. Thereafter detained him in a coconut fiber shed at Koottamkaitha and thereby
committed the offence.
The applicant states that the allegations are not true and that he is innocent and he has no criminal antecedents. He was arrested on 09.02.2021 and
has been in custody since then and there is nothing to be recovered from him and therefore seeks regular bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor admits that the applicant has no criminal antecedents. The specific allegation against him is that he has used coconut
fronds to assault the de facto complainant. The injuries sustained are not life threatening or grievous.
In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty
thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
He shall appear before the investigating officer as and when called for.
He shall not attempt to influence or intimidate the witnesses.
He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.