Petitioner is the 7th accused in Crime No.651 of 2014 of the Palakkad Town South Police Station for the offences punishable under Sections 143, 147, 148, 363, 341 and 323 r/w Section 149 of the Indian Penal Code, is in custody from 07.05.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 03.05.2014 at about 12.30 p.m., while the de facto complainant and others were collecting fuel for the vehicle from a petrol pump accused 2 to 5 dragged the de facto complainant out of his vehicle and abducted him in an another vehicle demanding Rs.1,70,000/- from the de facto complainant. He was also assaulted in the meantime. The petitioner is said to have assisted other accused in committing the offence. It is submitted that the accused 1, 4, 5 and 8 are yet to be arrested.
3. Learned counsel submits that the allegation against the petitioner is only that he assisted the other accused in committing the offence.
4. Having regard to the relevant circumstances, I am inclined to grant relief to the petitioners but subject to conditions to prevent recurrence of such incidents in future and to ensure that investigation is not affected.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.651 of 2014 of the Palakkad Town South Police Station and shall be released on bail, if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) Petitioner shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report, whichever is earlier.
(b) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(c) Petitioner shall not, during the period of this bail get involved in any offence.
(d) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos. (a) to (d) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
(iii) Since investigation is not completed, this order granting bail will take effect only from 10.06.2014 .
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge