Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.719/2014 of the Medical College Police Station, Kozhikode registered for the offences punishable under Sections 353, 332 and 294 (b) of the Indian Penal Code.
3. While the defacto complainant, Sub Inspector of Police, was on duty at 8 p.m. on 29.10.2014, a lady named Jayababu with her child came to the police station and complained that the landlord of the house of the building in which she was residing as a tenant, was obstructing her from entering the house. When the defacto complainant and party went to the spot for enquiring about it, the petitioner abused the defacto complainant, and caught hold of his uniform and threw fibre chair and steel vessels towards the defacto complainant and the police party thereby obstructing the defacto complainant from discharging his official duties. The petitioner has been in custody for the period from 30.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the C.D.
5. The contents of the CD reveal that the investigation of this case practically over. No criminal antecedents are reported against the petitioner. Considering the facts and circumstances of this case, the present stage of investigation and having regard to the period undergone by the petitioner in custody, 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 11 a.m. on all Tuesdays and Fridays commencing from 02.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) 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.
B. KEMAL PASHA, JUDGE ul/-
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