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Judgment
This is an application for anticipatory bail filed under Section 438 Cr.P.C.
The petitioner is the second accused in the case registered as Crime No. 1581/2018 of the Kodanad Police Station under Sections 341, 323, 324 and 326 r/w Section 34 of IPC.
The prosecution case is that on 25.12.2017, at about 17:30 hrs, the first and the second accused together assaulted the de facto complainant and caused him grievous hurt. It is alleged that the accused caused the head of the de facto complainant to hit on a stone and that they have caused injury to the spinal code of the de facto complainant.
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the case diary.
The case was originally registered only under Sections 341, 323 and 324 r/w 34 of IPC. subsequently the offence punishable under Section 326 IPC was incorporated in the case. Before incorporating the offence under Section 326 IPC in the case, the petitioner was on bail. Now he apprehends arrest by the police in view of the incorporation of the non-bailable offence under Section 326 IPC against him. The case diary reveals that the first accused in the case has already been arrested by the police and released on bail after the incorporation of the offence punishable under Section 326 IPC. Custodial interrogation of the petitioner appears to be not necessary at this stage. The prosecution has also no apprehension that on getting bail the petitioner would abscond and flee from justice. In these circumstances, I find that the discretion of the court can be exercised in favour of the petitioner to grant him pre-arrest bail.
In the result, the petition is allowed and it is ordered as follows.
The petitioner shall be released on bail on executing a bond for ₹ 25,000/- (Rupees Twenty Five Thousand only) with two sureties each for the like sum in the event of his arrest by the police in Crime No. 1581/2017 of the Kodanad Police Station on accusation of the offence punishable under Section 326 IPC.
The petitioner shall appear before the investigating officer between 9 a.m and 11 a.m on all Saturdays for a period of two months after being released on bail.
The petitioner shall not influence or intimidate the de facto complainant and other prosecution witnesses in the case. He shall not make any attempt to tamper with the evidence in the case.
The petitioner shall appear before the investigating officer as and when directed by him in writing to do so.
The petitioner shall not leave the State of Kerala without the prior permission of the jurisdictional court concerned.
If the petitioner violates any of the conditions of bail, the jurisdictional court is at liberty to cancel the bail in accordance with law without any further orders from this Court.