This is an application filed by the sole accused in Crime No.662/2014 of Sasthamcottah Police station under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that on 1.5.2014 at about 8.30 p.m the accused abused the defacto complainant with obscene language and inflicted injuries on him with a chopper after trespassing into his house and caused injuries on him and thereby he had committed the offences punishable under Sections 452, 294(b) and 324 of the Indian Penal Code.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case on account of some civil dispute between the petitioner and the defacto complainant and he is in jail from 2.5.2014 onwards.
4. The application was opposed by the Prosecutor on the ground that investigation of the case is not over and if he is released on bail, he is likely to threaten the witnesses.
5. Heard both sides and perused the case diary file.
6. It is seen from the records that the above case was registered on the basis of the statement given by the defacto complainant against the petitioner alleging commission of the offence punishable under Sections 452, 294 (b) and 324 of the Indian Penal Code. It is seen from the records that the petitioner was arrested on 2.5.2014 and he is in jail from that day onwards. The Prosecutor had no case that the petitioner has got any criminal background. The weapon alleged to have been used for the commission of the offence has already been recovered. So considering the circumstances, this Court feels that bail can be granted to the petitioner with stringent conditions. So, the application is allowed with the following conditions.
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Sasthamcottah.
ii. The petitioner shall appear before the investigating officer on the last Saturday of every month between 9 a.m and 10 a.m for a period of three months or till the final report is filed whichever is earlier.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. The petitioner shall not involve in any other crime of similar nature during bail period.
vi. The petitioner shall not leave State of Kerala without getting prior permission from the Judicial First Class Magistrate Court, Sasthamcottah till the disposal of the case.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge K. RAMAKRISHNAN, JUDGE.
cl