~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.1 to 3 respectively in Crime No.1350/2014 of Parassala Police Station registered for the offences punishable under Sections 143, 147, 148, 294(b), 323, 324 and 308 read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioners is that on 27.10.2014 at 7.30 p.m. they formed themselves into an unlawful assembly armed with deadly weapons like chopper, committed rioting and attacked the de facto complainant and his friend. It is alleged that A1 wrongfully restrained, beat and slapped the de facto complainant. A2 inflicted cuts on him with a chopper and A3 hit him with a helmet. The petitioners were arrested on 03.11.2014 and thereafter, they have been in custody.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. It has been pointed out that the petitioners have serious criminal background and there are criminal antecedents on their part. The investigation of this case as far as the petitioners are concerned, is practically over. The continued detention of the petitioners in custody is not required for the continued investigation of this case. Even though the petitioners have criminal antecedents on their part, I am of the view that as a last chance, the petitioners can be enlarged on bail in this case on conditions.
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 ₹50,000/-(Rupees fifty 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 a.m. and 1 a.m. on all Fridays and Tuesdays, commencing from 12.12.2014 for a period of six months.
(ii) Except for observing condition No.(i) above, the petitioners shall not enter the local limits of Parassala Police Station for a period of six months from today.
(iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(v) 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/09/12 // True Copy // PA to Judge