Petitioner is accused in crime No.240 of 2014 of the Payangadi Police Station for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 308, 506 (i) read with Section 149 of the Indian Penal Code, is in custody from 15-04-2014 and seeks bail. 2. The learned Public Prosecutor opposed the application. It is submitted that on 15-04-2014 at the relevant time the petitioner and others attacked the de facto complainant and hit him with a stone. The petitioner was arrested in crime No.305 of 2014 for the offence under Section 185 of the M.V.Act. Some of the accused are yet to be arrested.
3. The learned counsel submits that the de facto complainant who is a habitual drunkard fell down and suffered injuries. It is also submitted that the 1st accused was granted bail by this Court on 09-05-2014 after his detention for about 18 days.
4. Having regard to the above circumstance including that bail is granted to one of the accused, I am inclined to grant relief to the petitioner also but subject to the stringent conditions and from a future date since the investigation is not completed.
Application is allowed as under.
Petitioner is granted bail in Crime No.240 of 2014 of the Payangadi Police Station and shall be released (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties 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 the petitioner.
(b) Petitioner shall report to the officer investigating crime No.240 of 2014 of the Payangadi Police Station on every Saturday between 10.00 a.m. and 12.00 p.m. until filing of the final report or for two months whichever is earlier.
(c) Petitioner shall report to the investigating officer as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case any of condition Nos. (b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate (until committal if any, and thereafter before the learned Principal Sessions Judge, concerned) for cancellation of the bail granted hereby as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
This order granting bail will take effect only from 28-05-2014, since investigation is not completed.
MJL Sd/-THOMAS P.JOSEPH JUDGE