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Judgment
K.Haripal, J
The first accused in Crime No.2665/2020 of Thiruvalla police station is the petitioner in this bail application under Section 439 of the Cr.P.C.
The allegations against the petitioner and others are falling under Sections 143, 147, 148, 452, 323, 506(ii), 511 of 435, 427 read with Section 149 of
IPC. The alleged incident had happened on 26.09.2020. It is alleged that the petitioner and others had formed an unlawful assembly, in prosecution of
their common object and after making preparations, trespassed upon the residence of the defacto complainant, a neighbour, and committed acts of
baste.
He surrendered before the court 25.05.2021 and since then is in judicial custody.
The learned counsel for the petitioner submits that eventhough there are numerous other cases against him, after getting married he is leading a
peaceful life and the alleged incident had happened in 2020.
I heard the Public Prosecutor also. The learned Public Prosecutor submits that he has twelve cases of similar nature in his credit. That means he is
a history sheeter. Eventhough he has lot of cases in his name, considering the fact that the incident had happened in September, 2020 and since it is
submitted that now he is leading a peaceful life, he can be released on bail on experimental basis.
Therefore, the petitioner shall be released on bail on the following conditions:-
i) Petitioner shall execute 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 not try to contact or influence the witnesses or tamper with evidence;
iii) He shall not leave Pathanamthitta District without leave of the jurisdictional court;
iv) He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed
to that effect;
v) He shall not involve in any crime during the period on bail;
vi) He shall appear before the Investigating Officer/trial Court as and when required;
vii) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19
pandemic;
viii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.
This bail application is allowed as above.