This is an application for anticipatory bail filed by accused nos.1 to 3 in Crime No.837 of 2014 of the Kuthiathode Police station under Sec.439 of Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nutshell was that on 15.09.2014 at about 9.00 p.m., the accused four in number in furtherance of their common intention of causing death of the defacto complainant inflicted injuries on him with iron rod and caused fracture to his nasal bone and injuries to his head and thereby, all of them have committed the offences punishable under Secs.323, 324, 326 and 307 of the Indian Penal Code.
3. Learned counsel for the petitioners submitted that the petitioners have not committed any offence, and they are innocent of the same and they have been falsely implicated in the case. In fact, the defacto complainant and others were making unnecessary nuisance to the 1st petitioner who is conducting a business in which, accused nos.2 and 3 were employees and though applications were filed before the Police no action was taken against them and infact they were attacked by the neighbours and now a false case has been registered. The 1st accused is in jail from 17.09.2014 onwards and other accused are in jail from 18.09.2014 onwards. Investigation of the case is almost over and further custody is not required.
4. Learned Public Prosecutor opposed the application on the ground that the investigation is not over and if bail is granted, the petitioners are likely to be absconded.
5. Heard both sides and perused the case diary file.
6. It is seen from the case diary file that the above crime was registered against the present petitioners and two other identifiable Hindi speaking persons on the basis of the statement given by the defacto complainant alleging commission of the above said offences. The 1st petitioner was arrested on 17.09.2014 and the petitioners 2 and 3 were arrested on 18.09.2014 and they are in jail from that dates onwards. The weapon said to have been used for commission of offences has already been recovered. Though it is mentioned in the First Information Statement that two other Hindi Speaking Persons also involved in the commission of crime, during investigation it was revealed that only three persons namely the present petitioners alone involved in the crime. It is true that the defacto complainant sustained some fracture as well. The documents produced by the petitioners show that the 1st petitioner is conducting a Porotta making shop and petitioners 2 and 3 are his employees and the defacto complainant was making some disturbance and he had filed a complaint against him earlier.
7. Any how, I am not at this stage going into the genuineness of the allegations made either in the First Information Statement or in the complaint said to have been filed by the petitioners against the defacto complainant. The investigation is almost over. Main witnesses were questioned and their statements were recorded. It is true that the petitioners are not belonging to this State but that cannot be ground for denying bail to them if their custody is not required and they may be able to produce sureties before the Court to procure their presence at the time of trial. So considering the circumstances, this Court feels that bail can be granted to the petitioners with some stringent conditions.
The application is allowed with the following stringent conditions.
1. The petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum each (both the sureties shall be from the State of Kerala) to the satisfaction of the Judicial First Class Magistrate Court-I, Cherthala.
2. The petitioners shall appear before the investigating officer on all Mondays and Saturdays between 9.00 am and 10.00 a.m., for a period of three months and thereafter on the last Saturday of every month between the same timings till final report is filed.
3. The petitioners shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till final report is filed.
4. The petitioners shall not intimidate or influence the witnesses.
5. The petitioners shall not involve in any other crimes of similar nature during the period of this bail.
6. The petitioners shall surrender their passports if any before the Judicial First Class Magistrate Court-I, Cherthala within one week from the date of their release on bail and if they do not have the same, file affidavits to that effect before the Court below within the time mentioned above.
7. The petitioners shall not leave Alappuzha District without getting prior permission either from the Judicial First Class Magistrate Court-I, Cherthala or from the concerned Court in which, the case will be committed for trial till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN JUDGE / True Copy / NS P.A. To Judge