IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
BAIL APPL. NO. 3507 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMP 947/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,ATTINGAL
CRIME NO.404/2022 OF ATTINGAL POLICE STATION
PETITIONER/A4:
ANEESH, AGED 30 YEARS, S/O.RAMACHANDRAN,
ANCHU NIVAS, KARICHIYIL,
CHITTATTINKARA DESOM,
ATTINGAL VILLAGE, ATTINGAL,
PIN - 682312
BY ADVS.
S.KRISHNALAL
P.P.BLESSY MOL
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SRI V S SREEJITH,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3507 of 2022
2
C.JAYACHANDRAN, J
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B.A.No.3507 of 2022
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Dated this the 17th day of May, 2022
O R D E R
In the instant application for regular bail, the petitioner is the 4th accused in Crime No.404/2022 of Attingal Police Station. The offences alleged are under Sections 294(b), 323, 324, 326 and 308, read with Section 34 of the Indian Penal Code.
2. The prosecution would allege that due to their previous animosity, accused Nos.1 to 4 have attacked the defacto complainant on 16.04.2022 at 7.30 pm. The 1st accused assaulted on his nose with a stone. Accused Nos.2 to 4 pushed him into a canal and inflicted injury on his index finger and wrist. The accused persons have thus committed the offences enumerated above according to the prosecution.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records. This application was opposed by the B.A.No.3507 of 2022 3 learned Public Prosecutor.
4. Having heard the learned counsel appearing on both sides, this Court is inclined to allow this bail application. The petitioner has been in judicial custody for the past one month, he having been arrested on 16.04.2022. The overt act alleged against the petitioner/4th accused is not as serious as the one alleged against the 1st accused. Besides, the learned Public Prosecutor would confirm, upon instructions, that the petitioner has no criminal antecedents, whatsoever. In the circumstances, this Court is of the view that further incarceration of the petitioner would serve no useful purpose.
5. Resultantly, this Bail Application is allowed and the petitioner/4th accused is directed to be released on bail on execution of a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties, each for the like amount to the satisfaction of the trial court, subject to the following conditions:
(i) He shall appear before the B.A.No.3507 of 2022 4 investigating officer on every Saturday between 10 am and 11 am for a period of two weeks and thereafter, once in a month for a period of two months and thereafter, as and when required by the investigating officer.
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not indulge himself in any other offence while on bail.
(iv) He shall not leave India, except with prior permission of the trial court.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the trial court for cancellation of bail.
Sd/-
C.JAYACHANDRAN, JUDGE NP/jg B.A.No.3507 of 2022 5 APPENDIX OF BAIL APPL. 3507/2022 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF THE ORDER IN C.M.P.NO. 947/2022 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I,ATTINGAL