Petitioner is the 3rd accused in Crime No.191 of 2014 of the Kumbala Police station for the offences punishable under Secs.120B, 302, 201 and 212 read with Sec.34 of the Indian Penal Code and Secs.25(1B) (b) of the Arms Act, is in custody from 29.03.2014 and seeks bail. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 27.03.2014 as instructed by accused 1 and 2, the petitioner brought the deceased near a newly constructed house and gave him liquor. By that time, accused 1 and 2 came there. The deceased was assaulted with knife. Thereafter, to destroy evidence of the crime the body was buried in sand.
3. Learned counsel submitted that further detention of the petitioner is not required.
4. The petitioner is not reported to be involved in any other case from the Kumbala Police station. Having regard to relevant circumstances, I am inclined to think that further custody of the petitioner is not required. Hence, I am inclined to grant bail to the petitioner but subject to conditions.
The application is allowed as under:
Petitioner is granted bail in Crime No.191 of 2014 of the Kumbala Police station and shall be released on bail (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 investigating officer on every alternate Saturday between 03.00 p.m. and 05.00 pm until filing of the final report.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved 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 of the case 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).
THOMAS P. JOSEPH JUDGE NS