Petitioners are accused Nos.1 to 3 in Crime No.30 of 2014 of the Alathur Police Station for the offences punishable under Sections 143, 147, 148, 341, 324, 326, 302, 307 read with Section 149 of the Indian Penal Code, are in custody from 07.01.2014 and seek bail. 2. The learned Public Prosecutor has opposed the application. It is pointed out that the first accused is not reported to be involved in any other case though, by a mistake it was represented while disposing of the earlier application that he is involved in other cases. Petitioners 2 and 3 are involved in six other cases each. It is submitted that the incident resulted in the death of an innocent person.
3. The learned counsel requested for bail. It is submitted that the petitioners 2 and 3 were implicated in several cases due to political rivalry. De facto complainant is also involved in a few cases.
4. Facts and circumstances leading to the incident and the rival contentions are narrated by me in the order dated 26.03.2014 in B.A.No.1882 of 2014 and hence it is not necessary to re-state all those things in this order. I have gone through the copy of the said order.
5. Learned Public Prosecutor has given a list of cases in which the petitioners 2 and 3 are involved. I find that it involves serious offences including Sections 452 and 308 etc., of the Indian Penal Code. It is also seen that proceedings are initiated against the petitioners 2 and 3 under Section 107 of the Cr.P.C.
6. In the above circumstances, request of the petitioners 2 and 3 for bail cannot be allowed at this stage. But it is made clear that this order will not foreclose right of the petitioners 2 and 3 to move again at a later stage of the investigation.
7. So far as the first petitioner is concerned, he is not reported to be involved in any other case. I am inclined to grant bail to the first petitioner as his further detention is not required but subject to conditions.
The application is disposed of as under.
I. Request of the petitioners 2 sand 3 for bail is rejected with the observation made above.
II. The first petitioner is granted bail in Crime No.30 of 2014 of the Alathur Police Station and shall be released (if not required to be detained otherwise) on his executing bond for `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. The first petitioner shall report to the officer investigating the case on every alternate Saturday between 10 a.m. and 12 p.m. until filing of the final report.
c. The first petitioner shall report to the investigating officer as and when required for interrogation.
d. The first petitioner shall not get involved in any offence during the period of this bail.
e. The first 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].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE