Petitioners are accused nos.2 and 3 in Crime No.30 of 2014 of the Alathur Police station for the offences punishable under Secs.143, 147, 148, 341, 324, 326, 302 and 307 read with Sec.149 of the Indian Penal Code, are in custody from 07.01.2014 and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 06.01.2014 at about 11.00 a.m., the petitioners and others attacked the defacto complainant with sword etc. and caused his death. It is submitted that the petitioners are involved in 6 other crimes involving offences under Sec.452 and 308 of the IPC etc.
3. Learned counsel has submitted that the earlier application preferred by the petitioners was rejected leaving it open to the petitioners to move again. It is also submitted that the case is committed to the Sessions Court, Palakkad and the Sessions Court has taken the case on file as S.C. No.365 of 2014.
4. Request of the petitioners for bail was rejected by this Court as per order dated 26.03.2014 in B.A. No.1882 of 2014 where I have referred to the contentions the prosecution and the petitioners have raised. It is reveled that all the other accused are released on bail. In the circumstances, I am inclined to grant bail to the petitioners but subject to conditions to prevent recurrence of such incidents in future.
Application is allowed as under.
Petitioners are granted bail in Crime No.30 of 2014 of the Alathur Police station and shall be released on bail ( if not required to be detained otherwise) on their executing bond for Rs.30,000/- (Rupees Thirty thousand only) each with three sureties each for the like sum each to the satisfaction of the learned Session's Judge, Palakkad ( before whom the case is pending) and subject to the following conditions.
a) whether or not he/she has landed property, one of the sureties shall be the father/mother/brother of the petitioners.
b) Petitioners shall report to the SHO Wadakancherry Police station (Palakkad district) on every Monday and Friday between 10.00 am and 12.00 pm (excluding days on which the petitioners are required to attend any Court) until otherwise ordered by the learned sessions judge trying the case.
c) Petitioners shall report to the investigating officer if and when required for interrogation.
d) Petitioners shall not get involved any offence during the period of this bail.
e) Petitioners 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 sessions judge, Palakkad before whom the case is pending for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
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THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge