~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.1439/2014 of Kannur Town Police Station registered for the offences punishable under Sections 450, 324 and 307 IPC.
3. The allegation against the petitioner is that on 27.09.2014 at 2.55 a.m., he trespassed into the flat of the de facto complainant, beat him with an iron rod, thereby causing grievous hurt with a view to committing his murder. The petitioner has been in custody for the period from 30.09.2014 onwards.
4. Heard learned Senior Counsel for the petitioner, learned counsel for the de facto complainant and the learned Public Prosecutor and perused the CD.
5. The learned counsel for the de facto complainant has pointed out that the life of the de facto complainant is under threat from the petitioner and his associates and he is smelling danger to his life at any moment. Adequate safeguards have to be taken for avoiding any continued untoward incident.
6. There were some other disputes between the parties even prior to the incident. There was a criminal case also. There is an allegation that the wife of the de facto complainant and the petitioner were leading an adulterous life. Whatever it is, the contents of the CD reveal that the investigation of this case is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of this case. Considering the facts and circumstances of this case and having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am satisfied that the petitioner can be enlarged on bail.
7. 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 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 17.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) Except for observing condition No.(i), the petitioner shall not enter the limits of Kannur district until further orders.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) 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) aks/14/11 // True Copy // PA to Judge