B.A.No.3834 of 2014 is filed by the 8th accused in Crime No.322 of 2014 of the Nedumangad Police station for the offences punishable under Sections143, 147, 148, 387 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is that on 02.02.2014 at the relevant time and place as instructed by the first accused the de facto complainant delivered hollow bricks and when the driver demanded the cost, he was threatened with weapon. 2.B.A.No.3835 of 2014 is filed by the same person who is the 12th accused in Crime No.133 of 2014 of the Aruvikkara Police station for the offences punishable under Sections 395 and 427 of IPC and Section 27 of the Arms Act the allegation being that the petitioner and others demanded gunda fees @ `150/- per load of hollow bricks removed from the company and on 17.03.2014 at about 6.45 p.m. caused damage to vehicle causing loss of around `80,000/-.
3. The learned Public Prosecutor has opposed the application. It is submitted that the petitioner is also involved in Crime No.178 of 2014 of the Aruvikkara Police station for the offence including Section 326 of the Indian Penal Code.
4. The learned counsel submitted that the petitioner is an autorikshaw driver and is falsely implicated.
5. Having regard to the relevant circumstances, I am inclined to think that further custody of the petitioner is not required in the aforesaid two cases and he could be granted bail but subject to stringent conditions to prevent recurrence of such incidents in future.
The applications are allowed as under :
I. Petitioner is granted bail in Crime Nos.133 of 2014 of the Aruvikkara Police Station and 322 of 2014 of the Nedumangad Police station and shall be released (if not required to be detained otherwise) on his executing bond for `30,000/- (Rupees thirty thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate 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/close relative of the petitioner.
b. Petitioner shall report to the SHO, Nedumangad Police station on every Monday and Friday between 4 p.m and 5 p.m, or until filing of the final report.
c. Petitioner shall report to the investigating officers as and when required for interrogation.
d. Except if necessary for compliance with the condition Nos.
(b) and (c) or to attend any court or other authority as per order in writing, the petitioner shall not enter local limits of the Aruvikkara Police station until otherwise ordered by the jurisdictional magistrate until committal of the case if any, and thereafter by the Principal Session Judge concerned.
e. Petitioner shall not get involved in any offence during the period of this bail.
f. Petitioner shall not intimidate or influence the witnesses.
g. In case any of condition Nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate until committal if any and thereafter before the Principal Sessions Judge concerned for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE