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Judgment
Viju Abraham, J
This is an application for regular bail.
Petitioner is the sole accused in the Crime No.966 of 2022 of Kottayam West Police Station registered alleging commission of offences punishable under Sections 323 and 332 of the Indian Penal Code.
Prosecution allegation against the petitioner is that on 31.05.2022 at about 4.30 p.m. the petitioner hit the defacto complainant and caused injury on the nose of the defacto complainant and thereby deterred the duty of the defacto complainant who is a KSRTC driver and thereby committed the offences as alleged.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The contention of the petitioner is that he was arrested on 31.05.2022 and is in custody since then. It is contended that the petitioner is a senior citizen, retired as TTR from Indian Railways and that there was some dispute with the auto drivers regarding the auto fare and many people gathered there and the defacto complainant was also present there and when he tried to defend against the crowd gathered there, by mistake hit the defacto complainant and thereby caused the injury. It is also contended that he has no other criminal antecedents.
The learned Public Prosecutor upon instruction submitted that in fact the defacto complainant was attacked while he was proceeding to office for reporting for the next trip and therefore opposed the bail application.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and taking into consideration the fact that the petitioner is aged around 69 and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner on the following conditions:
(i) The petitioner 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 jurisdictional court;
(ii) He shall appear before the investigating officer in Crime No.966 of 2022 of Kottayam West Police Station on every Saturday at 11.00 am, until filing of final report.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in Crime No.966 of 2022 of Kottayam West Police Station.
(iv) He shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.966 of 2022 of Kottayam West Police Station may file an application before the jurisdictional court, for cancellation of bail.