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Judgment
V.G.Arun, J
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the 2nd accused in Crime No.591/2023, registered at the Kodungallur Police Station, Thrissur District, alleging commission of offences punishable under Sections 341, 323, 324 and 308 r/w 34 of the Indian Penal Code.
The prosecution case is that, at about 16.30 hours on 15.04.2023, the accused attacked the 1st informant with a knife and voluntarily caused hurt to him on his right hand and back. The motive behind the attack is the 1st accused's enmity towards the 1st informant. The petitioner was arrested on 17.04.2023 and is continuing in custody.
The learned counsel for the petitioner submitted that, even going by the First Information Statement, the only overt act alleged against the petitioner is of having fisted the 1st informant. The specific allegation of having caused hurt by using a knife is made against the 1st accused alone. Hence, continued incarceration of the petitioner is unjustified.
The learned Public Prosecutor submitted that the petitioner is involved in two other crimes, one alleging commission of offence punishable under Section 436 of IPC and the other under Section 324 of IPC.
In answer to this, learned counsel for the petitioner submitted that in the crime alleging commission of offence under Section 436 of IPC, the petitioner was tried and acquitted by the Juvenile Justice Court.
Having considered the submissions and having gone through the First Information Statement, I am inclined to grant bail to the petitioner, subject to stringent conditions.
Accordingly, the bail application is allowed with the following directions:
(i) 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 appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and 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.
(iii) Petitioner shall not leave Kerala without obtaining permission from the jurisdictional court.
(iv) Petitioner shall not commit any offence of similar nature while on bail.
If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance with law.