Mohammed Nias C.P., J
1. This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.
2. The petitioner is the 1st accused in Crime No.819/2023 of Chavakkad Police Station, Thrissur District, for having allegedly committed offences
punishable under Sections 341, 324, 308, 506, 294(b) read with Section 34 of the Indian Penal Code.
3. The prosecution case is that on 27-10-2023 at about 07.45 pm, when the defacto complainant was sitting in an autorickshaw at Mama Bazar,
Paluvai Desom, on account of previous animosity due to the fact that the defacto Complainant had asked the 1st accused to go out of CPI office,
Mama Bazar, the accused abused the defacto complainant with obscene words and the 1st accused stabbed the defacto complainant, causing incised
stab injuries in the leg and thereby committed the offence.
4. The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he
points out that the petitioner has been in custody since 28/10/2023, and continued custody of the petitioner is unnecessary.
5. The learned public prosecutor opposed the petition and pointed out that the petitioner is not entitled to bail.
6. After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor, the fact that the petitioner has been
in custody since 28/10/2023, the investigation has substantially progressed, and also, since there is no apprehension raised by the prosecution that if
released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.
Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a 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) The petitioner shall report before the Investigating Officer as and when directed.
(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
(iv) The petitioner shall not be involved in any other crime while on bail or leave India without the prior permission of the Court concerned.
If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;
