~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.1, 2 and 4 respectively in Crime No.1812/2014 of Varkala Police Station registered for the offences punishable under Sections 341, 324, 326 and 308 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners and other accused is that on 07.10.2014 at 11 a.m. they, in furtherance of their common intention, attacked the de facto complainant and beat him with iron pipe. The de facto complainant sustained fracture of his nasal bone and loosening of tooth. The 1st petitioner was arrested on 09.10.2014 and on the same day, petitioners 2 and 3 had surrendered before the court below.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor and perused the CD.
5. No criminal antecedents have been reported against the petitioners. The contents of the CD reveal that the investigation as against the petitioners is concerned, is practically over. The 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 and the present stage of investigation, and the facts and circumstances of the case, I am satisfied 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 each of them executing a bond for ₹25,000/-(Rupees twenty five thousand only) with two solvent sureties 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 am and 11 am on all Tuesdays and Fridays, commencing from 11.11.2014 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.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/07/11 // True Copy // PA to Judge