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Judgment
This is an application filed under Sec. 439 of Cr.P.C., seeking regular bail.
The petitioner is the sole accused in Crime No. 1054 of 2020 of Vallikunnam Police Station, which is registered on the basis of the First Information Statement given by the wife of the petitioner alleging offence punishable under Sec. 324 and 326 of the Indian Penal Code. It is alleged that he assaulted the wife with a stick and caused her grievous injuries causing fracture on her left elbow and left knee. The petitioner was arrested on 22.03.2021 and is in custody since then.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The learned counsel for the petitioner submits that in fact the petitioner and defacto complainant have settled the dispute and now they are in good terms and that she is eager to join the petitioner after release from judicial custody, but the family members are standing on the way. Whatever it may be, the petitioner is in custody for the last more than 23 days. The weapon of offence has been recovered and continued detention of the petitioner will be luxury. Therefore, in the absence of sufficient reasons for his continued detention, he shall be released on bail subject to 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 Judicial First Class Magistrate I, Kayamkulam;
ii) He shall not try to contact or influence the witnesses or tamper with evidence;
iii) He shall not cause any disturbance to the peaceful living of the defacto complainant or her relatives;
iv) Petitioner shall not leave India without permission of the jurisdictional Court;
v) He shall appear before the committal/trial court as and when required;
vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court shall be at liberty to cancel the bail in accordance with law.
This bail application is allowed as above.