These applications are filed by 1st and 4th accused respectively, in Crime No.696 of 2014 of the Manjeshwar Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 452, 395, 427 r/w Section 149 of the Indian Penal Code, first accused is in custody from 05.05.2014 while the 4th accused is in custody from 03.06.3014 and they seek bail.
2. Learned Public Prosecutor has opposed the applications. It is submitted that on 17.12.2013 at about 07.30 p.m., these accused and others trespassed into the house of brother of the de facto complainant, voluntarily caused hurt to him and forcibly took gold ornaments and cash. It is submitted that the first accused is also involved in Crime No.663 of 2013 of the same Police Station for trespass into house of the de facto complainant and attacking him.
3. Learned counsel for the first accused submitted that the first accused was driver of brother of the de facto complainant and was dismissed from service over which there is a dispute. The de facto complainant was accused of molesting young children and there was hue and cry to take action against him but no action was taken against him due to political influence. The first accused claims to be a witnesses for those incidents. Hence de facto complainant is inimical towards the first accused.
4. Learned counsel for the 4th accused also has contended that the allegations are not true.
5. So far as Crime No.663 of 2013 is concerned, it is submitted that the first accused is already released on bail. These accused are in custody from 05.05.2014 and 03.06.2014 respectively. I am Inclined to think that further detention of these accused is not required. Hence I am inclined to grant relief but subject to stringent conditions to prevent recurrence of such incidents in future and as investigation should not be affected.
Applications are allowed as under:
(i) Petitioners/accused 1 and 4 are granted bail in Crime No.696 of 2014 of the Manjeshwar Police Station and shall be released on bail (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 he/she has landed properties, one of the sureties shall be the father/mother/brother/close relative of the petitioners/accused 1 and 4.
(b) Petitioners/accused 1 and 4 shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m until filing of the final report.
(c) Petitioners/accused 1 and 4 shall report to the investigating officer as and when required for interrogation.
(d) Petitioners/accused 1 and 4 shall not get involved in any offence during the period of this bail.
(e) Petitioners/accused 1 and 4 shall not intimidate or influence the witnesses.
(ii) In case the petitioners/accused 1 and 4 or any of them violate any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge