06 June 2024 Bail and Antcipatory Bail >> Criminal Law   |   Investigation >> Criminal Law   |   Murder Homicide >> Criminal Law  

The Thrissur court granted bail today to the third accused in a case involving alleged assault and attempt to murder. The accused, along with four others, was arrested on April 29, 2024, for allegedly trespassing and assaulting the complainant.

The prosecution alleged that the accused, acting in common intention, attacked the complainant and his friends with iron pipes. The third accused was specifically charged with hitting the complainant with his hand. He denied the accusations, claiming his innocence and stating that the most serious charge (attempt to murder) applied only to another accused.

The defense argued that the petitioner had been in custody for 38 days and the investigation was nearing completion. They also highlighted that the court had previously granted bail to the fourth accused in the case. While the prosecution pointed to the petitioner's criminal history, the court downplayed its relevance due to its age (mostly pre-2014).

Considering the time spent in custody, the progress of the investigation, and the bail granted to another accused, the court granted bail with strict conditions. These include a bond of Rs. 50,000, regular appearances before the investigating officer, and refraining from witness intimidation or evidence tampering. The court also emphasized the possibility of bail cancellation for violating these conditions.

This case highlights the delicate balance between ensuring a fair trial and protecting the liberty of the accused. While a criminal history can raise concerns, courts prioritize the concept of "bail as a rule, jail as an exception" when the investigation nears completion and the accused has spent significant time in custody.

  Code of Criminal Procedure, 1973