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Judgment
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioners are the accused Nos.3, 6 and 7 respectively in Crime No.198/2021 of Kothamangalam Police Station. The offences alleged against the petitioners are punishable under Sections 341, 506(ii), 393, 120(b) r/w Section 34 of Indian Penal Code and Section 3 r/w Section 25(1-b) of Arms Act.
The prosecution case is that the petitioners and other accused, in furtherance of their common intention, on 01-02-2021, at 7.15 a.m., near Mar Baselios Dental College at Thankalam wrongfully restrained the de facto complainant and threatened him with fear of death by pointing some dangerous weapons towards him. It is further alleged that the petitioners and other accused attempted to commit robbery.
The petitioners in B.A No.3039/2021 were arrested on 16-03-2021 and the petitioner in B.A No.2931/2021 was arrested on 17-03-2020 and they have been in judicial custody since then.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
The learned counsel for the petitioners submitted that in the FIR, originally registered, the offences alleged were bailable and subsequently under the influence of the de facto complainant and others, Sections 393 and 120(b) of Indian Penal Code and Section 3 r/w Section 25(1-b) of Arms Act were added with intent to harass the petitioners.
The learned counsel for the petitioners submitted that the petitioners are innocent and that they have been falsely implicated in the crime.
The learned Public Prosecutor opposed the bail plea of the petitioners.
Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioners, I am of the view that the petitioners are entitled to be released on bail on conditions.
In the result, these Bail Applications are allowed as follows:
(a) The petitioners are ordered to be released on bail on their executing 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.
(b) They shall appear before the Investigating Officer on all Wednesdays between 10 a.m and 11 a.m till the final report is filed.
(c) They shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution.