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Judgment
22 paragraphs · 392 wordsShircy V, J
Application for regular bail.
The petitioner is the second accused in Crime No.192 of 2021 of Kodanad Police Station, Ernakulam District registered for the offences punishable
under Sections 341, 294(b) and 307 r/w Section 34 of the Abkari Act.
The prosecution allegation is that the petitioner along with the accused due to their enmity towards the defacto complainant on 18.04.2021 at about
4 pm, wrongfully restrained him and abused him in filthy language and with the intention to cause his death attacked him and caused severe injuries
with deadly weapons such as chopper and sickle. Thereby, committed the aforesaid offences.
The petitioner has been in custody since 20.04.2021.
According to the learned counsel for the petitioner he is totally innocent of the allegations levelled against him. In fact, he has been falsely
implicated in this case. He has also pointed out that the learned Sessions Judge had already granted bail to the first accused. But this petitioner is
undergoing incarceration for the last more than 15 days.
The learned Public Prosecutor has submitted that the investigation is practically over.
As the investigation has progressed considerably, I think that further detention may not be required in this case. Moreover, the other accused had
already been granted bail. But as this petitioner is having criminal antecedents, this application is accepted imposing some stringent 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. One surety shall be close relative.
(ii) He shall also appear before the Investigating Officer on every Monday and Friday between 10 and 11 am for a period of two months or till the final report is filed,
whichever is earlier.
(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 or to any police officer or tamper with the evidence.
(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.