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Judgment
The petitioner is the first accused in Crime No. 1230/2020 of Kottayam West Police Station registered alleging offences punishable under Sections
341, 308, 324, 427 read with 34 of the Indian Penal Code; now the learned Public Prosecutor says that apart from the above, offence under Sections
323 and 506(1) has also been incorporated. The petitioner is in custody from 13.11.2020 onwards. The application is opposed mainly for the reason
that he has criminal antecedents, that he is involved in nine other cases, all are assault cases and one under Section 107 of the Code of Criminal
Procedure.
The learned counsel for the petitioner submits that four such cases have already been disposed of and only 5 cases are pending including the one
under Section 107 of the Code of Criminal Procedure.
It is submitted that the petitioner is a labourer employed in painting works, that it is the main source of income and the case has already been
charged.
Even though criminal antecedents are noticed against the petitioner, he is in custody for more than 1½ months. As charge sheet has already been
laid, his continued detention cannot be insisted upon. Therefore, he can be released on bail on the following conditions:-
i) The accused shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of
the court below;
ii) He shall not try to contact or influence the witnesses or tamper with evidence;
iii) He shall not enter Kottayam West Police Station limits, until further orders;
iv) Petitioner shall not leave India without permission of the jurisdictional Court;
v) He shall appear before the committal/trial court as and when required;
vi) The petitioner shall strictly abide by the various guidelines issued by the State Government and the Central Government with respect to keeping of
social distancing in the wake of Covid 19 pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance with law, even though the
bail is granted by this Court.
This bail application is allowed as above.