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Judgment
The petitioner herein is the accused in Crime No.2875/2020 of Kundara Police Station, Kollam District for offenes punishable under Sections 294(b)
and 353 of the Indian Penal Code, 1860. Allegation of the prosecution is that the petitioner herein had abused the de facto complainant, who is a home
guard and thereafter hit the motorcycle handle on the body of the complainant. Petitioner was arrested on the same day and is in judicial custody since
30.11.2020.
The application was vehemently opposed by the Public Prosecutor on the ground that the accused had bad track record and considering the fact
that the accused had assaulted a home guard.
The court below dismissed the bail application, having regard to the criminal antecedents of the petitioner. Definitely, the petitioner was involved in
several crimes, spanning up to 2014. The antecedents of the petitioner herein does not appear to be appreciable. However, having regard to the nature
of allegation, and considering that there is nothing on record to show that the accused had inflicted substantial injury on the home guard, except that his
conduct does not appear to be justifiable, I am inclined to grant bail to the petitioner on the following conditions:
Petitioner shall execute a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties for the like sum each to the
satisfaction of the court below.
The petitioner herein shall appear before the Investigating Officer on all Mondays and Fridays between 9 and 10 a.m for a period of one month
from the date of his release and thereafter on every Monday between the same time for one more month.
He shall not threaten, coerce or intimidate the defacto complainant and the witnesses. He shall also not get involved in any other crime.
This bail application is allowed.