These applications are preferred by the accused Nos. 2 and 3 and first accused, respectively in Crime No.289 of 2014 of the Chandera Police Station for the offence punishable under Section 395 of the Indian Penal Code, first accused is in custody since 07.04.2014 while accused 2 and 3 are in custody from 19.04.2014 and they seek bail.
2. Application is opposed by the learned Public Prosecutor. It is submitted that these accused along with others committed decoite by assaulting the de facto complainant and snatching his gold chain and Rs.9,930/- from him. The material objects are not recovered. Accused 4 to 6 are yet to be arrested.
3. Learned counsel submits that the matter is almost settled between the parties. It is also submitted that the further custody of these accused is not found to be necessary.
4. Having regard to the relevant circumstances including that these accused are not reported to be involved in any other case from Chandera Police Station and considering the period of their detention, I am inclined to grant bail but subject to stringent conditions to prevent recurrence of such incidents in future.
Applications are allowed as under:
(i) Accused 1 to 3 are granted bail in Crime No.289 of 2014 of the Chandera Police Station and shall be released on bail, (if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the accused 1 to 3.
(b) Accused 1 to 3 shall report to the officer investigating the case on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report whichever is earlier.
(c) Accused 1 to 3 shall report to the officer investigating the case as and when required for interrogation.
(d) Accused 1 to 3 shall not get involved in any offence during the period of this bail.
(e) Accused 1 to 3 shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos.
(b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge