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Judgment
Shircy V, J
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the 1st accused in Crime No.1616 of 2021 of Poojappura Police Station registered for the offences punishable under Sections 143, 147,452, 323 and 325 read with Section 149 of the Indian Penal Code.
He has been in custody since 26.09.2021.
The allegation is that on 18.09.2021 at about 7.15 p.m, this petitioner along with the other accused have formed themselves into an unlawful assembly, committed rioting, trespassed into the residential house of the defacto complainant and punched on his face causing fracture to his nasal bone and thereby committed the aforesaid offences.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. But he is undergoing unnecessary incarceration for the last more than one month. Hence, this application.
The learned Public Prosecutor has fairly submitted that accused Nos.2, 4 and 5 involved in this crime had already been released on bail. But accused No.3 and 6 are yet to be arrested.
Considering the entire facts involved in this case, I could not find any reason to infer that further detention of this petitioner is required for the investigating agency to proceed with the investigation of the case. Though this petitioner is having criminal antecedents as he is involved in 3 other crimes of similar nature, considering the present stage of investigation and the period of detention undergone by him in custody, I am inclined to release him on bail subject to the following conditions.
(i) The petitioner shall be released on bail on his executing 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, till filing of the final report.
(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 jurisdictional court is at liberty to cancel the bail in accordance with the law.