Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.1185/2014 of the Nedumangad Police Station registered for the offences punishable under Sections 294(b), 452, 324, 326 and 307 of the Indian Penal Code.
3. The allegation against the petitioner is that on 31.8.2014 at 6 p.m., he, with the intention of committing murder of the de- facto complainant, trespassed into the house of the de-facto complainant, abused him and inflicted cut injuries on him by using a chopper, thereby causing serious injury on his head. When he was repeatedly attacked, he warded off the cut aimed at his neck with his left hand and thereby, he sustained an injury on his left hand. Another serious injury was caused on his left shoulder also.
The petitioner has surrendered before the court below on 31.10.2014 and thereafter, he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that he is the accused in Crime No.9/2014 of Palode Forest Range and in Crime No.913/2012 registered for the offences punishable under Sections 294(b), 341, 323, 324 and 506(ii) of the Indian Penal Code and 27 of the Arms Act. It seems that the investigation is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of the case. Having regard to the period undergone by the petitioner in custody, I am satisfied that, as a last chance, the petitioner can be enlarged on bail in this case also.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his 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 petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Thursdays and Mondays, commencing from 18.12.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner 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 dl // TRUE COPY // PA to Judge