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Judgment
Gopinath P., J
Petitioner is the accused in Crime No.246/2022 of Thrikkakara Police Station, Ernakulam district alleging commission of offences under Sections 323, 353, 332, 294(b), 506(ii), 309 read with 34 of the Indian Penal Code.
The allegation against the petitioner is that, the petitioner had attacked an Advocate Commissioner who was appointed by the jurisdictional Magistrate for taking physical possession of the residential house of the petitioner under the provisions of SARFAESI Act. It is alleged that the petitioner had also attacked the bank officials who accompanied the Advocate Commissioner. The allegation is that the petitioner had attacked the Advocate Commissioner using a sickle. The other accused in the case is the mother of the petitioner. There are allegations that the petitioner along with his mother had used abusive language and had also assaulted the bank officials.
The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the Advocate Commissioner and the bank officials had not disclosed their identity and a minor injury was caused to the Advocate Commissioner on account of the fact that the Advocate Commissioner tried to forcefully enter the petitioner's house. It is submitted that the bank officials had attacked the petitioner's aged mother and thereafter filed a false complaint alleging that the petitioner and his mother had attacked the Advocate Commissioner and the bank officials. It is submitted that the petitioner has been in custody from 02.03.2022 and his continued detention is not necessary for the purposes of any investigation.
The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing from the record are pointed out to show that the story is not as now contended by the petitioner. It is alleged that the petitioner had clearly prevented the Advocate Commissioner and the bank officials from discharging their official duties.
Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 02.03.2022, and taking into account the submission of the learned counsel for the petitioner that, having been dispossessed of the house, the mother of the petitioner, who is sick, is now residing with some relatives and there is no one else to take care of her, I am inclined to allow this application.
In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to 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.246/2022 of Thrikkakara Police Station, Ernakulam district as and when called upon to do so.
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.246/2022 of Thrikkakara Police Station;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.246/2022 of Thrikkakara Police Station, Ernakulam district may file an application before the jurisdictional Court for cancellation of bail.