Petition filed under Section 439 Cr.P.C.
2. Petitioners are A1 to A4 in Crime No.1046/2014 of the Balaramapuram Police Station registered for the offences punishable under Sections 341, 323 and 307 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners and the other accused is that on 25.09.2014 at 1.40 p.m. they, in furtherance of their common intention to commit the murder of the defacto complainant, wrongfully restrained the defacto complainant and attacked him. It is alleged that by using lethal weapons the petitioners inflicted serious injuries on the defacto complainant thereby attempting to commit the murder of the defacto complainant. A1 and A2 were arrested on 26.09.2014 and A3 and A4 were arrested on 27.09.2014, and thereafter they have been in custody.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the defacto complainant has sustained very serious injuries and has marginally escaped. At the same time, no criminal antecedents have been reported against the petitioners. The reason for the incident is allegedly to be political enmity. It seems that the investigation of this case is practically over as far as the present petitioners are concerned. It is a fact that another accused, who was present at the place of incident, is yet to be identified and arrested, for which I do not think that the continued detention of the petitioners in custody is required. Having regard to the period undergone by the petitioners in custody, the present stage of investigation, and the absence of any criminal antecedents on their part, I am of the view that the petitioners can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on their 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) The petitioners shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Sundays and Thursdays commencing from 02.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(iv) The petitioners 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