Petition filed under Section 439 Cr.P.C.
2. Petitioner is the first accused in Crime No.772/2014 of the Peringome Police Station, Kannur registered for the offences punishable under Sections 143, 147, 148, 341, 324, 307 and 427 read with Section 149 of the Indian Penal Code and Section 25 of the Arms Act.
3. The allegation against the petitioner and the other accused is that on 28.10.2014 at 7.55 p.m., they formed themselves into an unlawful assembly armed with deadly weapons like sword, iron rod etc. and wrongfully restrained the defacto complainant while he was riding on his motorcycle bearing Reg.No.KL-59-4786 at Peringome and attacked him. It is alleged that cuts were inflicted on him by using sword-stick and he was also beaten up with iron rod. Petitioner has been in custody for the period from 16. 1.2014 onwards.
4. Heard the learned Senior Counsel for the petitioner and the learned Public Prosecutor. Perused the C.D.
5. No criminal antecedents have been reported against the petitioner. On a perusal of the CD it is revealed that weapons allegedly used in the incident have already been recovered. Investigation of this case, as far as the present petitioner is concerned, 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, the present stage of investigation and the absence of any criminal antecedents on his part, 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:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 1 a.m. on all Fridays and Tuesdays commencing from 28. 1.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge