Petitioners are accused Nos.1 to 5 in Crime No.724/2014 of Sasthamcotta Police Station, Kollam District. The offences alleged against them are punishable under Secs.143, 147, 148, 452, 353, 354 and 294(b) r/w 149 of IPC and Sec.3(1) and 3(2)(e) of PDPP Act. 2. Petitioners have been in custody since 13.5.2014.
3. It is alleged that on 12.5.2014 at 4.30 PM, these petitioners and other persons belonging to a political party, in prosecution of their common object to commit mischief trespassed into the office building of Kunnathoor Grama Panchayath and attacked the President and Secretary (Woman President and Secretary), outraged their modesty and destroyed the computer.
4. Learned Public Prosecutor submits that though only one computer was destroyed, the entire data stored in that computer was destroyed and that it is not possible to retrieve the same.
5. Learned counsel for the petitioners submits that it is only an exaggerated version and that petitioners were exhibiting their protest against the activities of the Panchayath member and appointment of temporary driver.
6. Considering all the aspects, the petitioners are granted bail with effect from 31.5.2014 subject to the following conditions:
a. The accused shall execute a bond for ₹25,000/-
(Rupees Twenty Five Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make themselves available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave India without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
g. Petitioners shall also deposit a sum of ₹3,000/-
(Rupees Three Thousand only) each before the learned Magistrate. If later, the data could be retrieved at the expense of the petitioners and others, the amount deposited by the petitioners can be released to them.
Jvt Sd/- N.K.BALAKRISHNAN, J UDGE.