~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.1 and 3 in Crime No.973/2014 of Pothencode Police Station registered for the offences punishable under Sections 452, 323, 324, 326 and 307 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners and other accused is that on 29.10.2014 at 7 p.m. they, in furtherance of their common intention, attacked the de facto complainant and severely beat and fisted him. It is alleged that A1 with an iron pipe beat the de facto complainant and A3 with an iron pipe repeatedly beat the de facto complainant. A2 with an iron pipe beat the de facto complainant on his left shoulder, thereby causing the fracture of scapula. It seems that the de facto complainant has sustained very serious injuries. The petitioners have been in custody for the period from 06.11.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the 2nd accused in this case is a habitual offender involved in a series of criminal cases. At the same time, no criminal antecedents have been reported against the petitioners herein. The investigation of this case is practically over. The continued detention of the petitioners in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioners in custody and the present stage of investigation, I am satisfied that the petitioners can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on each of them 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 petitioners shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing from 13.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(iv) The petitioners 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/10/12 // True Copy // PA to Judge