Petitioner is accused, in Crime No.1381 of 2014 of the Karunagappally Police Station for the offences punishable under Secs.326 and 308 of the Indian Penal Code, is in custody from 05.05.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 23.03.2014 at about 11.30p.m, on a dispute arising from playing cards, the petitioner collected a soda bottle from a nearby shop and assaulted the de facto complainant with the broken soda bottle causing injuries including cutting of the vein on the right wrist. The weapon of offence is recovered. It is submitted that the investigation is not completed.
3. Learned counsel submits that the allegations against the petitioner are not true. Petitioner is not reported to be involved in any other case from the Karunagappally Police Station.
4. Having regard to the relevant circumstances, I am inclined to grant bail but subject to stringent conditions protecting the interest of the de facto complainant also and from a future date since investigation is not completed.
Resultantly this application is allowed as under:
I Petitioner is granted bail in Crime No.1381 of 2014 of the Karunagappally Police Station and shall be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) Petitioner shall deposit `25,000/- (Rupees Twenty Five Thousand Only) in a Nationalised Bank for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
(b) In case the petitioner is made liable to pay compensation, such amount to the extent possible could be realised from the amount in deposit.
(c) Petitioner shall report to the Officer investigating Crime No.1381 of 2014 of the Karunagappally Police Station on every Saturday between 10 a.m and 12 p.m for a period of two months or until final report is filed, whichever is earlier.
(d) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(e) Petitioner shall not, during the period of this bail get involved in any offence.
(f) Petitioner shall not intimidate or influence the witnesses.
(g) In case of violation of any of condition Nos.(c) to (f), bail granted hereby is liable to be cancelled by moving application before the learned magistrate (until committal if any, and thereafter before the learned Principal Sessions Judge concerned) as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
(h) It is directed that since investigation is not completed, this order granting bail will take effect only from 03.06.2014.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge