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Judgment
13 paragraphs · 387 wordsViju Abraham, J.
This is an application for regular bail.
The petitioners are accused Nos. 1 & 2 in Crime No. 01/2023 of Achankovil Police Station, Kollam District alleging commission of offences punishable under Sections 341, 294(b), 323, 332 read with Section 34 of the Indian Penal Code.
The prosecution allegation is that, on 05/01/2023 at 08: 50 PM while the defacto complainant who is a Civil Police Officer of Achankovil Police along with the Sub Inspector of the same station was travelling in a private car after their tapal duty at District Police Office and District Crime Records Bureau and they reached Chembanaruvi, the accused wrongfully restrained them. It is further alleged that thereafter accused No. 1 by uttering obscene words caught hold of the neck of defacto complainant and assaulted him. Whereas accused No. 2 stamped the defacto complainant, he fell down and thereby caused injury. It is alleged that thereby accused have caused hurt to the police officials while discharging their official duty.
The petitioners submitted that they are in custody from 06.01.2023 onwards and that they have been falsely implicated in the above said crime.
The learned Public Prosecutor upon instructions submitted that the allegation against the petitioners is that they have attacked the defacto complainant and wrongfully restrained them.
Considering the facts and circumstances of the case and nature of the allegation, I am inclined to grant bail to the petitioners.
In the result, the bail application is allowed and it is ordered that the petitioners shall be released on bail on the following stringent conditions:
(i) The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) The petitioners shall appear before the Investigating Officer in Crime No. 01/2023 of Achankovil Police Station as and when required for investigation.
(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in the above said crime;
(iv) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 01/2023 of Achankovil Police Station, may file an application before the jurisdictional court, for cancellation of bail.