Petitioners are accused Nos.1 and 2 in Crime No. 766 of 2014 of the Thaliparamba Police Station for the offences punishable under Sections 143, 147, 148, 341, 324, 452, 308 r/w Section 149 of the Indian Penal Code for alleged trespass into the house of the de facto complainant and attacking him with iron rod and reaper on 29.05.2014 at about 10.30 a.m., are in custody from 18.06.2014 and seek bail.
2. Learned Public Prosecutor has opposed the application and that the attack was due to political rivalry.
3. Learned counsel submits that the allegations are not true and that the petitioners surrendered before the investigating officer as directed by this Court.
4. It is revealed that the weapons are recovered. The petitioners are not reported to be involved in any other case from the Thaliparamba Police Station. In the circumstances, I am satisfied that further detention of the petitioners is not required. Hence I am inclined to grant relief but subject to conditions to prevent recurrence of such incidents in future.
Application is allowed as under:
(i) Petitioners are granted bail in Crime No. 766 of 2014 of the Thaliparamba Police Station and shall be released on bail (if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioners.
(b) Petitioners 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.
(c) Petitioners shall report to the investigating officer as and when required for interrogation.
(d) Petitioners shall not get involved in any offence during the period of this bail.
(e) Petitioners shall not intimidate or influence the witnesses.
(ii) In case the petitioners violate any of condition Nos.
(b) to (e), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge