Petitioner is the 10th accused in Crime No.1146 of 2013 of the Payyannur Police station for the offences punishable under Secs.143, 147, 148, 341, 427 and 302 read with Sec.149 of the Indian Penal Code on the allegation that on 01.12.2013 at or by about 3.15 p.m., the petitioner and others wrongfully restrained the defacto complainant and the deceased and caused death of the deceased, is in custody since 29.04.2014 and seeks bail. 2. Learned Public Prosecutor has opposed the application.
3. I have heard the learned counsel for the petitioner also. Learned counsel for the petitioner submitted that the other accused in this case are released on bail.
4. On hearing both sides it appears that the role attributed to the petitioner is that he was among those who wrongfully restrained the deceased and the defacto complainant to facilitate the assault.
5. In the circumstances I am inclined to think that further custody of the petitioner is not required for investigation. Hence I am inclined to allow the request.
The application is allowed as under.
Petitioner is granted bail in Crime No.1146 of 2013 of the Payyannur Police station and shall be released (if not required to be detained otherwise) on his executing bond for Rs.30,000/- (Rupees Twenty five thousand only) with three 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 whether or not he/she has landed properties.
b) Petitioner shall report to the investigating officer on every Saturday between 10.00 am and 12.00 pm until filing of the final report.
c) Petitioner shall report to the investigating officer as and when required for interrogation.
d) Petitioner shall not get involved any offence during the period of this bail.
e) Petitioner shall not influence or intimidate 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 for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge