AI Structured Summary
Not yet generated for this judgment
Judgment
Viju Abraham, J
This is an application for anticipatory bail.
Petitioner is arrayed as the 2nd accused in Crime No. 878/2022 of Chandera Police Station, Kasargod District, alleging commission of offences punishable under Sections 427, 506 and 308 read with Section 34 of the Indian Penal Code.
The prosecution allegation is that on 04.10.2022 at around 20.45 pm, while the defacto complainant was travelling in his car, the petitioner herein and accused No.1 came on a motorcycle and thrown a stone piece on the car’s glass and when the de-facto complainant came out of the car, the petitioner and accused No.1 thrown a stone at him. Due to the breaking of the glass of the car and window panes of the house, the defacto complainant claims to have sustained damages amounting to Rs.50,000/- and thus the accused have committed the aforesaid offences.
The learned Public Prosecutor submitted that investigation is over and final report has been submitted. If so, the arrest and detention of the petitioner is not necessary for the purpose of investigation. Hence, this bail application can be allowed with the following directions:
(i) Petitioner shall surrender before the jurisdictional court within three weeks and seek for regular bail.
(ii) Meanwhile in the event of arrest, the petitioner shall be released on bail on executing a 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.
(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.
(iv) He shall not tamper with the evidence.
(v) He shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail, in accordance with law.