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Judgment
13 paragraphs · 397 wordsK.Babu, J
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is accused No.3 in Crime No.1180/2022 of Kodungalloor Police Station. The offences alleged against the petitioner are punishable under Sections 143, 147, 148, 341, 323, 324, 326, 294(b) and 308 r/w Section 149 of the Indian Penal Code.
The prosecution case is that on 23.10.2022 at 18.50 hours, the petitioner and other accused formed themselves into an unlawful assembly armed with deadly weapons, and voluntarily caused hurt to the de facto complainant. The petitioner and the other accused committed the above acts in furtherance of their common intention and with the knowledge that if they by that act caused death of the defacto complainant, they would be guilty of culpable homicide not amounting to murder.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The learned counsel for the petitioner submitted that the investigation is over and the other accused in this case were granted bail by this Court.
The learned Public Prosecutor opposed the bail plea of the petitioner.
Accused Nos. 1 and 2 were granted bail by this Court. The investigation is almost in the final statge. Having regard to the stage of investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.
In the result, the Bail Application is allowed as follows:
(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(b) The petitioner shall not intimidate the witnesses or tamper with evidence. He shall cooperate with the investigation and shall be available for trial. He shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of six weeks and also appear before the Investigating Officer as and when directed.
(c) The petitioner shall not leave India without prior permission of the jurisdictional Court.
(d) The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.