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Judgment
Mohammed Nias C.P, J.
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioner is the accused in Crime No.1004 of 2023 of Valapattanam police station for having committed offences punishable under Sections 353, 307 of IPC and Section 3 r/w 25(1B) (a) of Arms Act.
The allegation against the petitioner is that on 03.11.2023 at about 9.50 p.m, when the defacto complainant, SI of Police, Valapattanam and party went to the house of the petitioner at Chirakkal Chira, Chirakkal,, to arrest the son of the petitioner, who is an accused in Crime No.985/2023, the petitioner with an intention of committing murder, had shot three round to the defacto complainant and party by using a revolver. Hence, the petitioner is alleged to have committed the offences mentioned above.
The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 03.11.2023 and continued custody of the petitioner is unnecessary.
The learned public prosecutor opposed the petition and pointed out that the petitioner was not entitled to get bail.
After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the age of the petitioner and his ailments, the fact that the petitioner has been in custody since 3.11.2023, taking note of his contention that the policemen were not in their uniform and he mistook them as some miscreants, no injury or assault is stated have been made to the officials and also since there is no apprehension raised by the prosecution that if he is released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.
Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
(i) 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;
(ii) The petitioner shall report before the Investigating Officer as and when required to do so.
(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
(iv) The petitioner shall not be involved in any other crime while on bail.
(v) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.