ORDER

DATED THIS THE 15TH DAY OF SEPTEMBER, 2021 The petitioner, who is the accused in Crime No. 876 of 2021 of Perunadu Police Station, Pathanamthitta District registered for the offences punishable under Sections 452, 323, 324 and 308 of the Indian Penal Code, has moved this application seeking his release on bail under Section 439 of the Code of Criminal Procedure.

2. The petitioner has been in custody since 03.09.2021.

3. The prosecution case in brief is as follows:

The father of the petitioner expired on 01.09.2021. At that time this petitioner was undergoing quarantine as he was affected with Covid just one month back. The funeral ceremony was fixed to be conducted on 02.09.2021. The defacto complainant, the Vicar of the Church, did not permit this petitioner to attend the funeral ceremonies following the protocol. But that provoked the petitioner and he had, on 03.09.2021, trespassed into the parsonage of St. George Orthodox Church and attacked the defacto complainant. The petitioner tried to beat the defacto complaint with a chair, which fell on his forehead and causing severe injuries. Thereby, the petitioner has committed the aforesaid offences.

4. The learned counsel for the petitioner has submitted that the petitioner has not committed any offence as alleged by the prosecution. In fact, there arose some wordy altercation as he was not permitted by the defacto complainant to attend the last rites of his father who expired on the previous day. But he has been falsely implicated in the case to wreck vengeance upon him. In fact, he is a teacher by profession and he has absolutely no criminal background.

5. The learned Public Prosecutor has also submitted that this petitioner is having no criminal antecedents.

6. The materials so far collected by the investigating agency would show that the investigation has progressed considerably. The injuries sustained by the defacto complainant are also minor in nature. Considering the entire facts involved in this case, I find that further detention of this petitioner in judicial custody may not be required for the investigating agency to complete the investigation. Therefore, I am inclined to allow this application.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.