~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 5th accused in Crime No.2675/2014 of Kayamkulam Police Station registered for the offences punishable under Sections 120B, 392 and 397 read with Section 34 IPC.
3. The allegation against the petitioner and the other accused is that they hatched a criminal conspiracy to commit robbery on 07.10.2014 at 7.45 p.m. and they reached at the shop of the de facto complainant. They demanded cigarette and when the de facto complainant attempted to take it, the accused snatched away the gold chain weighing 5½ sovereigns from the neck of the de facto complainant. When the husband of the de facto complainant intervened to prevent them, they stabbed him with a knife on his right hand and rode away their motor bikes with the booty. The petitioner has been in custody for the period from 06.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that over and above the present crime, the petitioner is involved in two other crimes, one of which relating to an offence under Section 402 IPC, in which this Court has enlarged him on bail. The other crime is with regard to an offence under Section 27 of the Arms Act in which also he was enlarged on bail. The investigation of this case as far as the petitioner is concerned, is practically over. No other criminal antecedents have been reported against the petitioner. Considering the facts and circumstances of this case and having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am satisfied 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 `25,000/- (Rupees twenty five thousand 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 16.12.2014 for a period of six months.
(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.
aks/12/12 Sd/-
(B.KEMAL PASHA, JUDGE) // True Copy // PA to Judge