Petitioners are accused nos.1, 2, 4 and 10 in Crime No.69 of 2014 of the Manjeshwar Police station for the offences punishable under Secs.142, 147, 148 and 302 read with Sec.149 of the Indian Penal Code, Sec.25(1-B),(b) of the Arms Act, are in custody from 04.02.2014 and seeks bail. 2. Learned Public Prosecutor has opposed the application. It is submitted hat on 25.01.2014 at about 9.00 p.m., while the deceased was going in a car, the petitioners and others followed him in other vehicles and assaulted him with deadly weapons. The deceased succumbed to injuries.
3. Learned counsel submitted that one of the accused in this case was granted bail as per order dated 05.06.2014 in B.A. No.3914 of 2014. It is submitted that the final report is filed in the Judicial First Class Magistrate's Court-I, Kasaragod and the matter is pending as C.P. No.196 of 2014.
3. On hearing both sides and considering that these accused are in custody from 04.02.2014 and that the 3rd accused is granted bail, I am inclined to think that further detention of the petitioners is not required. Hence I am inclined to grant bail to the petitioners but subject to conditions to prevent recurrence of such incidents in future.
The application is allowed as under.
Petitioners /accused nos.1,2 4 and 10 are granted bail in Crime No. 69 of 2014 of the Manjeshwar Police Station and shall be released (if not required to be detained otherwise) on their executing bond for Rs.30,000/- (Rupees thirty thousand only) each with three sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions .
a. Whether or not they have landed property, one of the sureties shall be the father/ mother/ brother/ close relative of the petitioners.
b. Petitioners shall report to the SHO, Kumbala Police station on every alternate Saturday between 10 a.m and 5 p.m, until otherwise ordered by the learned magistrate until committal of the case if any and thereafter by the learned Principal Sessions Judge, concerned.
c. Petitioners shall report to the investigating officer if and when required for interrogation.
d. Except if necessary for compliance with condition Nos.(b) and (c) or to attend any court ( or other lawful authority as per order in writing) the petitioners shall not, until otherwise ordered or except with the permission of the learned magistrate/Principal Sessions Judge as aforesaid enter local limits of the Manjeaswar Police station.
e. Petitioners shall not get involved in any offence during the period of this bail.
f. Petitioners shall not intimidate or influence the witnesses.
g. In case any of condition Nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate/Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K.Shaji
v. State of Kerala [AIR 2006 SC 100].
THOMAS P. JOSEPH JUDGE NS