Petitioner is the 5th accused in Crime No. 184 of 2014 of the Marayamuttam Police Station for the offences punishable under Sections 120B, 324, 307, 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act, is in custody from 19.05.2014 and seeks bail. 2.I have heard the learned Public Prosecutor and the learned counsel.
3. It is submitted that investigation of the case is not completed.
4. Learned counsel submitted that B.A.No.4000 of 2014 filed by the petitioner for bail was rejected by this Court as per order dated 10.06.2014 leaving it open to petitioner to move again after the investigation has progressed. It is pointed out that THE 8th accused is granted bail by this Court as per order dated 16.06.2014 in B.A.No.4276 of 2014.
5. Facts and circumstances leading to the alleged incident and the alleged involvement of the petitioner are discussed by me in order dated 10.06.2014 in B.A.No.4000 of 2014 and hence it is not necessary to re- state the same in this order. The petitioner is in custody from 19.05.2014.
6. Having regard to the relevant circumstances, I am inclined to think that his further custody of the petitioner is not required. Hence, I am inclined to grant bail but subject to stringent conditions to prevent recurrence of such incidents in future.
The application is allowed as under :
I. Petitioner is granted bail in Crime No.184 of 2014 of the Marayamuttam Police Station and shall be released on bail (if not required to be detained otherwise) on his executing bond for `30,000/- (Rupees thirty thousand only) with three sureties for the like sum to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
a. Whether or not he/she has landed property, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
b. Petitioner shall report to the Circle Inspector, Neyyattinkara on every Saturday between 10 a.m and 12 p.m, until filing of the final report.
c. Petitioner shall report to the investigating officer as and when required for interrogation.
d. Petitioner shall not get involved in any offence during the period of this bail.
e. Petitioner shall not intimidate or influence the witnesses.
f. In case any of condition Nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate until committal of the case if any and thereafter before the Principal Sessions Judge concerned for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE