~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.3 and 4 in Crime No.11/2014 of Payyannur Police Station registered for the offences punishable under Sections 143, 147, 148, 341 and 307 read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioners and other accused is that on 04.01.2014 at 4.45 p.m., they formed themselves into an unlawful assembly armed with deadly weapons like sword, committed rioting, and rioting armed with deadly weapons, and attacked the de facto complainant and others of a particular political outfit, thereby attempting to commit murder. The petitioners have been in custody for the period from 03.11.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. It seems that the investigation as far as the petitioners is concerned, is practically over. No criminal antecedents have been reported against the petitioners. The continued detention of the petitioners in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioners in custody and the present stage of investigation, and the absence of criminal antecedents on their part, I am satisfied that the petitioners can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on each of them executing a bond for ₹50,000/- (Rupees fifty 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 petitioners shall report before the Investigating Officer in between 9 am and 11 am on all Sundays and Wednesdays, commencing from 23.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(iv) The Petitioners 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.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/20/11 // True Copy // PA to Judge