This is an application for bail filed by the accused Nos.4 and 5 in Crime No.296/2014 of Mattannur Police Station under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nut shell was that on 16.03.2014 at about 11.15 hours the petitioners and others, who are workers of CPI(M) Party, formed themselves into an unlawful assembly with deadly weapons and on account of their political enmity and common object of causing injury to the de facto complainant, criminally trespassed into his house with explosive substances and threatened him and also caused damage to his house by hurling bomb and created a terrific atmosphere and thereby all of them have committed the offences punishable under Sections 143, 147, 148, 452, 506(ii) read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act.
3. The learned counsel for the petitioners submitted that the petitioners have not committed any offences and they have been falsely implicated in the case and accused Nos. 2 and 3 were already granted bail by this Court and their custody is not required in connection with the investigation.
4. The application was opposed by the Public Prosecutor on the ground that the investigation of the case was not over and the petitioners have involved in other crime as well.
5. Heard both sides and perused the records.
6. It is seen from the records that the above case was registered on the basis of the statement given by the de facto complainant against the accused persons including the petitioners alleging offences under Sections 143, 147, 148, 452, 506(ii) read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substance Act. The petitioners were arrested on 29.03.2014 and they are in jail from that day onwards. The investigation of the case is almost over. Further it is also seen from the records that the petitioners have filed application for bail along with accused Nos.2 and 3 as bail application No.2633 of 2014 and this Court has allowed the application in part granting bail to accused Nos. and 3, but rejected bail as far as the petitioners are concerned as per order dated 29.04.2014. The only ground mentioned for denying bail was that the present petitioners are accused in other cases as well. But, it is seen from the records that they were granted bail in those cases. That alone is not sufficient to deny bail especially when other accused persons in this case were granted bail by this Court, if their custody is not required in connection with the investigation of this case. Considering the part of pre-trial detention of the petitioners, this Court feels that bail can be granted with some stringent conditions. So the application is allowed with the following conditions :
1. The petitioner shall be released on bail on executing a bond for a sum of `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court , Mattannur.
2. The petitioner shall appear before the Investigating Officer on all Mondays and Saturdays between 9a.m. and 10 a.m. for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
3. The petitioner shall appear before the Investigating Officer for the purpose of interrogation as and when required in connection with the above crime in writing him to do so till the final report is filed.
4. The petitioner shall not intimidate or influence the witnesses.
5. The petitioner shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court, Mattannur or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions the bail application is allowed.
AMV/ Sd/- (K.RAMAKRISHNAN, JUDGE) /TRUE COPY/ P.A.TO JUDGE