Petition filed under Section 439 Cr.P.C.
2. Petitioner is the first accused in Crime No.2219/2014 of the Thiruvalla Police Station, Pathanamthitta, registered for the offences punishable under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that on 06.11.2014 at 8 p.m., they chased the defacto complainant who tried to escape on the fear of attack by them, and the petitioner beat him with an iron rod thereby causing an injury on his nose, and they pushed down the defacto complainant to a stream lying at a lower level of around 30 feet. The petitioner has been in custody for the period from 10.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. The learned Public Prosecutor has pointed out that the petitioner is accused in two other criminal cases also. At the same time, it seems that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Even though the petitioner is involved in two other criminal cases also, having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am of the view that the petitioner can be enlarged on bail, as a last chance 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 `1,00,000/- (Rupees one lakh 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 Tuesdays and Fridays commencing from 23.12.2014 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 ul/-
[True copy] P.S. to Judge