In considering bail applications, courts must balance the seriousness of the offenses with the period of custody and other relevant factors, and may impose strict conditions to ensure the petitioner's appearance and good behavior.

Headnote:
BAIL - SECTION 307, 326 AND 506(II) OF IPC - SUMMARY
Fact of the Case:

The petitioner was accused of attacking his brother with a sword stick, causing serious injuries, including fractures to both hands and the right leg. The petitioner claimed the injuries were caused when his brother fell down during a property dispute.
Finding of the Court:

The court noted the petitioner's criminal antecedents and the severity of the injuries inflicted on his brother. However, considering the petitioner's period of custody and the filing of a final report, the court granted bail subject to conditions.
Issues: Whether the petitioner should be granted bail considering the severity of the charges and his criminal antecedents.
Ratio Decidendi: The court balanced the seriousness of the offenses with the petitioner's period of custody and the filing of a final report, ultimately deciding to grant bail subject to strict conditions.
Final Decision: The petitioner was granted bail subject to conditions, including executing a bond, reporting to the investigating officer, surrendering his passport, and refraining from entering the local limits of the police station except for reporting purposes.

ORDER

This is an application for regular bail.

2. The petitioner is the accused in Crime No.571/2021 of Tanur Police Station, alleging commission of offences under Sections 307, 326 and

506(ii) of the Indian Penal Code.

3. The allegation against the petitioner is that he attacked his own brother with a sword stick and caused serious injuries on him including fracture of both hands and right leg.

4. The learned counsel for the petitioner submits that the issue arose out of a property dispute and that the injuries were caused to the brother of the petitioner when he had fallen down. It is submitted that the petitioner has been falsely implicated in the case and that the petitioner, having been in custody from 24.10.2021, can be granted bail since a final report has already been filed in the matter.

5. The learned Public Prosecutor submits that there are criminal antecedents as far as the petitioner is concerned and that the petitioner had attacked his brother when the latter tried to prevent the petitioner from attacking their father. It is submitted that the injuries caused to the brother of the petitioner are very serious and both his arms and his right leg were fractured owing to the attack by the petitioner. It is submitted that the earlier antecedents reported against the petitioner also relate to offences under Sections 308 and 326 of the Indian Penal Code. It is submitted that the petitioner is not entitled to bail.

6. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 79 days and also considering the fact that a final report has already been filed in the matter, I am of the view that the petitioner can be granted bail subject to conditions.

7. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:- (i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No. 571/2021 of Tanur Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not enter the local limits of Tanur Police Station till 31.03.2022 except for the purpose of complying with condition No.(ii) above;

(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail (v) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 571/2021 of Tanur Police Station may file an application before the jurisdictional Court for cancellation of bail.

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