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2021 DIGILAW 471 (KER)

Libin S/o Velayudhan v. State of Kerala Rep. by Public Prosecutor, High Court of Kerala

2021-04-23

K.BABU

body2021
ORDER : 1. This Bail Application is filed under Section 439 of the Code of Criminal Procedure. 2. The petitioners are accused Nos. 1 and 2 in Crime No. 203/2021 of Alathur Police Station. The offences alleged against the petitioners are punishable under Sections 447, 341, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 27.03.2021 at 3.00 P.M. at Padoor, the petitioners and other accused in this case voluntarily caused hurt to the de facto complainant and his friend while they were traveling on a motor cycle. Subsequently at 4.30 P.M. the petitioners and the other accused trespassed into the residence of the de facto complainant and voluntarily caused grievous hurt to him by means of dangerous weapons. 4. The petitioners were arrested on 03.04.2021 and they have been in judicial custody since then. 5. The case of the petitioners is that they are absolutely innocent and that the prosecution has suppressed the genesis of the case. It is submitted by the petitioners that they have no connection with the alleged incident. 6. The learned Public Prosecutor opposed the bail plea of the petitioners. 7. Having regard to the nature of the allegations, the stage of enquiry and the tenure of judicial custody undergone by the petitioners, I am of the view that they are entitled to be released on bail on conditions. 8. In the result, this Bail Application is allowed subject to the following conditions: (a) The petitioners are ordered to be released on bail on executing bond for Rs. 50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. (b) The petitioners shall appear before the Investigating Officer on all Wednesdays between 10 A.M. and 11 A.M. till the final report is filed. (c) The petitioners shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution. (d) If any of the bail conditions are violated by the petitioners, the jurisdictional court will be at liberty to cancel the bail in accordance with law.