This is an application filed by the sole accused in Crime No. 582 of 2014 of the Mangalam Dam Police Station for regular bail under Section 439 of Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nutshell was that on 25.09.2014 at about 5.45 p.m, the accused with an intention to commit murder of the de facto complainant inflicted injuries on him with a chopper and thereby he had committed the offence punishable under Sections 341, 324 and 307 of the Indian Penal Code.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. The petitioner is falsely implicated in the case. Even, as per the First Information Statement, when the de facto complainant tried to attack the wife of the accused, he took away the chopper from the hand of the de facto complainant and attacked him. So, he is entitled to get the benefit of sudden provocation or private defence and no offence has been committed. He is in jail from 26.09.2014 onwards. Further, another case was registered as Crime No. 587 of 2014 against the de facto complainant for attacking the wife of the petitioner.
4. Learned Public Prosecutor opposed the application on the ground that investigation of the case is not over.
5. Heard both sides and perused the records.
6. It is seen from the records that the above case was registered originally on the basis of the statement given by the de facto complainant-injured against the petitioner alleging offence under Section 307 of the Indian Penal Code. During investigation, it was revealed that the offence under Sections 341 and 324 of the Indian Penal Code were also committed and those offences were also added. It is seen from the allegations in the First Information Statement itself, that the de facto complainant attempted to inflict injuries with a chopper on the wife of the accused in connection with some quarrel regarding the over hanging tree in the property of the de facto complainant towards the property of the accused. He interfered and attacked the de facto complainant which results in causing injury. Learned counsel for the petitioner submitted that another case is registered in connection with the incident, in which the de facto complainant had attacked his wife, that is also pending investigation. The petitioner was arrested on 26.09.2014 and he is in jail from that day onwards. The weapon of offence has already been recovered. It appears that the de facto complainant sustained from serious injuries and he is in hospital still now as submitted by the learned Public Prosecutor.
7. However, considering the overall circumstances of the case, this Court feels that the custody of the petitioner is not required any more in connection with the investigation and bail can be granted to the petitioner with some stringent conditions, taking into account, the submission made by the learned Public Prosecutor that if he is allowed to enter the jurisdiction of that Police Station, there is a possibility of retaliation again.
So, the application is allowed with the following conditions.
1. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Alathur.
2. The petitioner shall appear before the Investigating Officer on all Mondays and Saturdays between 9.00 a.m and 10.00 a.m, for a period of three months and thereafter on the last Saturday of every month between the same timings till final report is filed.
3. The petitioner shall appear before the Investigating Officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till final report is filed.
3. The petitioner shall not enter the jurisdiction of Mangalam Dam Police Station except for the purpose of complying with the condition Nos. 2 & 3 without getting prior permission from the Judicial First Class Magistrate Court, Alathur, till the final report is filed.
4. The petitioner shall not intimidate or influence the witnesses.
5. The petitioner shall not leave Palakkad District without getting prior permission either from the Judicial First Class Magistrate Court, Alathur or from the Court to which, the case will be committed for trial till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-K. RAMAKRISHNAN, Judge True Copy lsn P.A to Judge