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Judgment
Shircy V., J
The petitioner is the sole accused in Crime No. 1162 of 2021 of Pathanapuram Police Station registered for the offences punishable under Sections 451, 326 and 308 of Indian Penal Code.
The petitioner has been in custody since 12.11.2021.
The prosecution allegation is that on 06.11.2021 at about 8.30 p.m. this petitioner, due to his enmity towards the defacto complainant, with the intention to attack him, trespassed into his courtyard and attacked him with an iron pipe. He was brutally beaten by him, causing fracture and other fatal injuries and thereby committed the aforesaid offences.
The learned counsel has a case that he is totally innocent but he has been falsely implicated in the case at the instance of the defacto complainant who is entertaining enmity towards him.
But the learned Public Prosecutor has refuted the said submission contending that the petitioner had attacked the defacto complainant with an iron pipe by trespassing into the courtyard of the defacto complainant. It appears from the records that the material object used to inflict injuries on the defacto complainant had already been recovered. Moreover, the defacto complainant who was undergoing treatment has also been discharged from the hospital. The prosecution has no case that this petitioner is having criminal antecedents.
Though the offences alleged against this petitioner are grave and serious in nature, now the investigation of the case has progressed considerably. Considering the entire facts involved in the case, I fail to find materials to infer that further detention of this petitioner is inevitable for the investigating agency to file the final report.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner 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 or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.