Petition filed under Section 439 Cr.P.C.
2. Petitioners are A1 to A3 in Crime No.787/2014 of the Cherpu Police Station, Thrissur registered for the offences punishable under Sections 143, 147, 148, 323, 307 and 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioners and the other accused is that on 25.04.2014 at 3.30 p.m. they, on account of previous enmity towards the deceased, attacked and beat the deceased persons and the injured, intentionally to cause their death by using weapons like sword and hammer. Very serious injuries were caused to both the deceased and the injured, and the deceased succumbed to the injuries. The petitioners have been in custody for the period from 27.04.2014 onwards.
4. Heard the learned Senior Counsel for the petitioners and the learned Senior Public Prosecutor.
5. The learned Senior Public Prosecutor has reported that the first petitioner is a habitual offender and a hardened criminal involved in several other criminal cases. It has been reported that the first accused is involved in Crime Nos.246/98, 257/98, 101/2002 and 646/2008 of the Cherpu Police Station, Thrissur, over and above the present crime. Considering the serious criminal back ground of the first accused, I am of the view that he is not entitled to be enlarged on bail.
6. At the same time, no criminal antecedents have been reported against A2 and A3 who are petitioners 2 and 3. Having regard to the period undergone by petitioners 2 and 3 in custody and the fact that A4 and A5 were granted bail, I am of the view that petitioners 2 and 3 also can be enlarged on bail.
7. In the result, this bail application is allowed in part and petitioners 2 and 3 shall be enlarged on bail on their executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each 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) Petitioners 2 and 3 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) Petitioners 2 and 3 shall not tamper with the evidence or influence witnesses.
(iii) Petitioners 2 and 3 shall make themselves available for interrogation as and when required by the investigating officer.
(iv) Petitioners 2 and 3 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.
This petition, as far as the 1st petitioner is concerned, is dismissed.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge