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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 sole accused in Crime No.496 of 2021 of Hosdurg Police Station, Kasaragode District registered for the offences punishable
under Section 328 of the Indian Penal Code, 1860 and Sections 75 and 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
He has been in custody since 28.06.2021.
The allegation is that on 27.6.2021 at 10.a.m, the petitioner has made his eight year old daughter to drink beer fully knowing that it is injurious to her
health 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 in fact he has stored beer in his house for his use and when he was about to drink the
same, he received a call from his friend from a hospital seeking his help. So he immediately rushed to the hospital without keeping the beer in a safe
place. Unfortunately his daughter consumed the same without his knowledge. But he has not committed any offence as alleged by the prosecution.
When he came to know that she consumed the beer he immediately removed her to the hospital for treatment. But he is undergoing incarceration right
from the date of his arrest and hence, this application.
On a perusal of the records available before me, it could be seen that the investigation of the case is practically over.
Considering the period of detention undergone by him in custody, the present stage of investigation as well the other facts and circumstances
involved in this case, 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.50,0000 /- (Rupees fifty thousand 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 learned Magistrate is empowered to cancel the bail in accordance with the law.
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