Petition filed under Section 439 Cr.P.C.
2. According to the petitioners, they are apprehending arrest in connection with Crime No.738/2014 of the Kareelakulangara Police Station, Alappuzha registered for the offences punishable under Sections 143, 144, 147, 148, 149, 323, 324 and 308 read with Section 34 of the Indian Penal Code.
3. The allegation against the accused is that on 09.07.2014 at 10.00 p.m., they formed themselves into an unlawful assembly armed with deadly weapons like swords, committed rioting and rioting armed with deadly weapons, and attacked the defacto complainant and his friend Babu. It is alleged that severe cut injuries were inflicted on different portions of the body of the defacto complainant and also on the said Babu whereby, the said Babu sustained fracture also. The petitioners were arrested on 21.11.2014 and thereafter they have been in custody.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioners. It seems that the investigation of this case, as far as the present petitioners are concerned, is practically over. The weapon allegedly made use of by them have been recovered. Continued detention of the petitioners in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioners in custody, the present stage of investigation and the absence of any criminal antecedents on their part, I am of the view that the petitioners can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on their executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioners shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 12.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
B. KEMAL PASHA, JUDGE ul/-
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