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Judgment
This is an application filed under Section 439 of Cr.P.C seeking regular bail.
The petitioners herein are accused Nos.4 and 5 in Crime No.606/2019 of Chevayur Police Station for offences punishable under Sections 326 and
307 read with Section 120 B of the I.P.C.
The crux of the prosecution allegation is that due to political enmity, the petitioners along with co-accused attacked the injured person on
12.10.2019. He sustained very serious injuries on the head and was admitted in the hospital. It is stated that a knuckle duster and swords were freely
used by the accused. The petitioners surrendered before the court below on 12.11.2020. They are in custody since then.
The petitioners claim bail on the ground that the accused Nos.1 and 2 were granted bail. It was also stated that the allegation against the petitioners
is only one under Section 120 B and there is no direct offence to connect them.
Opposing the application the learned Public Prosecutor submitted that the specific allegation of the prosecution is that 4th accused not only actively
participated in the commission of crime but has also identified the injured to the assailants. He was present at the location and had attacked the
defacto complainant. It was also pointed out that the injured sustained eight fractures on the head.
It is true that the allegations against the petitioners are very serious. However, considering the fact that the investigation in so far as it relates to the
petitioners have progressed considerably and also considering the fact that the petitioners are in custody since 12.11.2020 and that they have no
criminal antecedents, I am inclined to grant bail subject to the strict conditions:-
(i) Petitioners shall execute a bond for a sum of Rs.60,000/- (Rupees Sixty thousand only) with two sureties for the like sum each to the satisfaction of
the Court below.
(ii) Both of them shall surrender their passports before the Court below within one week from the date of release and if they are not possessing any
passport they shall file an affidavit before the Court below. Further applications regarding the release of the passport can be considered by the court
below.
(iii) Petitioners shall appear before the investigating officer on all Thursdays between 9.00 a.m and 10.00 a.m for two months.
(iv) They shall not get involved in any other identical offence nor shall they threaten, coerce or intimidate the defacto complainant and the witnesses.
Bail application is allowed as above.