~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner in B.A. No.7902/2014 is the 1st accused and the petitioners in B.A. No.8065/2014 are the 2nd and 3rd accused respectively in Crime No.491/2014 of Bedakam Police Station, Kasaragod district registered for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
3. The 1st accused is the wife of the 2nd accused.
The 3rd accused is their son. The mother of the 2nd accused, deceased Ammalu Amma, was also residing along with the accused. It is alleged that on 16.09.2014 during night while the deceased was sleeping on the cot, she was done away with by the 1st accused by throttling and also by smothering with a pillow. Thereafter, A2 and A3 wanted to make it appear that the deceased committed suicide by hanging, for which a nylon rope was placed around her neck and the other end of the same was placed over a rafter of the roof. Thereafter, the 3rd accused went to the police station and furnished a false information that his grandmother had committed suicide by hanging. The petitioners have been in custody for the period from 18.09.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioners. The investigation of this case is practically over. The continued detention of the petitioners 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 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 ₹1,00,000/- (Rupees one lakh 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 Saturdays and Wednesdays, commencing from 15.11.2014 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/12/11 // True Copy // PA to Judge