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Judgment
13 paragraphs · 467 wordsM.R.Anitha, J
Petitioners are accused Nos.1 & 2 in crime No.908/2021 of Edathala Police Station, which is registered under Sections 447, 341, 323, 324, 294(b), 326 r/w. 34 IPC.
It is alleged that on 20.08.2021 at about 12.15 p.m, out of previous enmity, accused persons criminally trespassed into the courtyard of the defacto complainant's house at Ambedhkar Colony at Edathala and uttered obscene words against the defacto complainant's son and 1st accused hit with an iron rod resulting him to fell down and thereafter petitioners dragged him through the ground. When the defacto complainant tried to intervene, the 1st accused hit on the defacto complainant's right wrist resulting her to fell down. When defacto complainant's granddaughter intervened, 2nd accused wrongfully restrained her and 1st accused hit on her cheek causing her to fell down. The defacto complainant, her son and granddaughter had sustained injuries. Thereby, the accused committed the offences aforementioned.
The petitioners were arrested on 24.08.2021. According to the learned counsel for the petitioners, taking into account the period of confinement already undergone by them, bail has to be granted.
The learned Public Prosecutor produced report of the SHO along with copy of FIR, FIS and the wound certificates along with discharge summary.
The report filed by the SHO would show that 2nd petitioner/2nd accused is involved in another crime i.e. crime No.727/2020 under Sections 452, 323, 324, 326, 294(b) r/w. 34 IPC of Edathala Police Station. Hence, as far as the 2nd petitioner is concerned, he is not entitled for bail, at this stage.
The report does not reveal involvement of the 1st petitioner in any other crime. So taking into the period of confinement already undergone by the 1st petitioner and considering the fact that he has no criminal antecedents, I am inclined to grant bail to the 1st petitioner, subject to the following conditions:
(i) The 1st petitioner shall be released on bail on his executing bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) He shall appear before the investigating officer for interrogation as and when required by police.
(iii) He 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 or to any police officer or tamper with the evidence.
(iv) He 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.
The Bail Application is allowed with respect to 1st petitioner/1st accused and dismissed as against 2nd petitioner/ 2nd accused.