Petition filed under Section 439 Cr.P.C.
2. Petitioners are A1 to A4 in Crime No.730/2014 of the Kathirur Police Station, Kannur pending investigation for the offences punishable under Sections 143, 147, 148, 341, 324 and 307 read with Section 149 of the Indian Penal Code.
3. It seems that originally a crime was registered by incorporating an offence under Section 307 IPC. Later, when the deceased died while undergoing treatment, the Section is altered as 302 IPC.
4. The allegation against the petitioners is that on 17.08.2014 at 9.45 p.m., they, along with the other accused, formed themselves into an unlawful assembly armed with deadly weapons and inflicted severe injuries on the victim.
It is alleged that the injuries sustained to the victim are sufficient in the ordinary course of nature to cause death and it has resulted in his death. Petitioners 1 to 3 were arrested on 21.08.2014 and the 4th petitioner was arrested on 22.08.2014.
5. Heard the learned Senior Counsel for the petitioners and the learned Senior Public Prosecutor. Perused the CD.
6. The learned Senior Public Prosecutor has pointed out that petitioners 1 to 3 are involved in a series of serious criminal offences. It has been reported that the 1st petitioner is accused in Crime Nos.166/2012, 443/2012, 635/12, 638/12, 264/14 and 444/2013 of the Kathirur Police Station, over and above the present case. Similarly, it has been reported that the 3rd petitioner is accused in Crime Nos.166/2012, 443/2012, 635/12 and 444/13 of the said police station, over and above the present case. Considering the series of serious criminal offences on their part, I am of the view that they are not entitled to be enlarged on bail. At the same time, it has been reported that the 2nd petitioner is involved in only one case prior to the incident. No criminal antecedents have been reported against the 4th petitioner. Considering the facts and circumstances of the case and having regard to the period undergone by petitioners 2 and 4 in custody, this court is the view that they can be enlarged on bail on strict conditions.
7. In the result, this Bail Application is allowed in part and petitioners 2 and 4 shall be enlarged on bail on each of them executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each 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) Petitioners 2 and 4 shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays commencing from 11.12.2014 for a period of six months.
(ii) Except for observing condition No.(i) above, petitioners 2 and 4 shall not enter the local limits of the Kathirur Police Station, Kannur for a period of six months from today.
(iii) Petitioners 2 and 4 shall not tamper with the evidence or influence witnesses.
(iv) Petitioners 2 and 4 shall make themselves available for interrogation as and when required by the Investigating Officer.
(v) Petitioners 2 and 4 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.
This petition, as far as 1st and 3rd petitioners are concerned, is dismissed.
Sd/- B.KEMAL PASHA, JUDGE ul/-
[True copy] P.S. to Judge