Petition filed under Section 439 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.1895/2014 of Thiruvalla Police Station registered for the offences punishable under Sections 323, 452, 326, 506(ii), 427 and 294(b) read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that they, in furtherance of their common intention, committed house trespass into the house of the defacto complainant on 20.09.2014 at 8 p.m. armed with deadly weapons and attacked the defacto complainant, her sister and their father Krishnankutty. When severe injuries were inflicted on the father, he got out from the house and ran away with a view to escaping from the clutches of the accused. The accused chased him and severely beat him, thereby causing fracture of both his legs. Serious injuries were caused to the defacto complainant and her sister also. They abused them, threatened and intimidated them and thereafter, smashed the entire house of the defacto complainant, thereby causing a wrongful loss of ₹50,000/-. The petitioner has been in custody for the period from 21.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. 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. 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.
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:-
(ii) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays commencing from 04.12.2014 for a period of six months.
(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.
B. KEMAL PASHA, JUDGE ul/-
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