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Judgment
Johnson John, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
The petitioner is the sole accused in Crime No. 258 of 2024 of Ramamangalam Police Station, registered alleging offences punishable under Sections 451, 427, 294(b) and 308 of Indian Penal Code, 1860.
The prosecution case is that the petitioner/ accused headbutted to the mirror in the barber shop of the de facto complainant, and when the de facto complainant questioned the accused, the accused trespassed into the barber shop on 05.04.2024 at 2.00 p.m. and caused damage to the barber shop by breaking the mirrors and other articles, and hurled abuses against the de facto complainant, and also pelted a stone at the de facto complainant, and only because the de facto complainant evaded the attack, he escaped from death.
The petitioner is in custody from 06.04.2024.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The learned counsel for the petitioner pointed out that the petitioner is totally innocent and that he is falsely implicated in this case. It is submitted that the de facto complainant has not sustained any injuries in the alleged incident.
The learned Public Prosecutor has no serious objection in granting bail to the petitioner, subject to stringent conditions.
In the result, this application is allowed on the following conditions:-
i. The petitioner shall execute a bond for a sum of 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 appear before the Investigating Officer in Crime No. 258 of 2024 of Ramamangalam Police Station on every second Saturdays at 11.00 a.m. once in a month.
iii. The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;
iv. The petitioner shall not involve in any other crime while on bail.
If any of the above conditions are violated, the Investigating Officer in Crime No. 258 of 2024 of Ramamangalam Police Station, can file application before the jurisdictional court, for cancellation of bail.