Petitioners are accused Nos.1,2 and 7 in Crime No.489 of 2014 of the Valiyathura Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 307 read with 149 of the Indian Penal Code, Section 27 of the Arms Act and seek bail. 2. The learned Public Prosecutor has opposed the application. It is submitted that on 15.04.2014 at about 9.30 p.m. the petitioners and others attacked the de facto complainant with sword, iron rod, stone etc., in an attempt to cause death and voluntarily caused hurt/grievous hurt. It is submitted that the petitioner and others are members of the gang and attacked the de facto complainant who belongs to another gang.
3. The learned counsel submitted that the allegations against the petitioners are not true. It is submitted at any rate, there is no allegation that the first petitioner has used any weapon. He is in custody from 23.04.2014 while petitioners 2 and 3 are in custody from 18.04.2014.
4. On hearing both sides it appears to me that allegation of use of weapons is attributed (among these petitioner) to petitioners 2 and 3. The first petitioner is said to be leader of the gang and he is said to have engaged the petitioners 2 and 3 and others for commission of the crime. He is said to have assaulted the de facto complainant with hand at the relevant time. Having regard to the nature of the allegations made against the first petitioner and as he is not reported to be involved in any other case from the Valiyathura Police Station, I am inclined to grant relief to the first petitioner but not to the petitioners 2 and 3 against whom there are serious allegations. Grant of bail to the first petitioner would however subject to stringent conditions.
The application is disposed of as under :
I. Request of the petitioners 2 and 3/accused 2 & 3 in Crime No. 489 of 2014 of the Valiyathura Police Station for bail is rejected.
II. The first petitioner is granted bail in Crime No. 489 of 2014 of the Valiyathura Police Station and shall be released (if not required to be detained otherwise) on his executing bond for `25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
a. One of the sureties shall be a close relative of the first petitioner.
b. The first petitioner shall report to the SHO, Parippally Police Station (Kollam District) on every Saturday between 10 a.m and 12 p.m, until otherwise ordered by the learned magistrate until committal of the case if any and thereafter by the learned Principal Sessions Judge, concerned.
c. The first petitioner shall report to the investigating officer as and when required for interrogation.
d. Except if necessary for compliance with condition Nos.(b) and (c) or to attend any court or other lawful authority (as per order in writing), the first petitioner shall not enter Thiruvananthapuram District until otherwise ordered or except with the permission of the learned magistrate/Principal Sessions Judge as aforesaid.
e. The first petitioner shall not get involved in any offence during the period of this bail.
f. The first petitioner shall not intimidate or influence the witnesses.
g. In case any of condition Nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate/Principal Sessions Judge as aforesaid 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