Bail application No.3213 of 2014 was filed by the second accused and bail No.3214 of 2014 was filed by 9th accused in crime No.59 of 2014 of Hosdurg Police Station for regular bail under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nut shell was that on 15.01.2014 at about 11.30 a.m, the accused persons formed themselves in an unlawful assembly with deadly weapons and attacked the de facto complainant, who was in official duty controlling the procession taken by the accused persons pelting with stones and prevented them from discharging their official duty and thereby all of them committed the offences punishable under Section 143,147, 148, 341, 323, 324, 332 and 308 read with Section 149 of the Indian Penal Code.
3. The learned counsel for the petitioner submitted that the petitioners have not committed any offence and they are innocent of the same and they surrendered before the Court on 30.04.2014 and they were remanded by the learned Magistrate. All other accused persons were granted bail by this Court and also by the Sessions Court earlier.
4. The applications were opposed by the Public Prosecutor on the ground that the investigation is not over and the present petitioner absconding after the incident.
5. Heard both sides and perused the case diary filed.
6. It is seen from the case diary filed that the above crime was registered on the basis of the statement given by the de facto complainant, who is also a police officer while on duty alleging that these persons have wrongfully restrained him and inflicted injuries on him and other police officials and on the basis of the above statement the crime was registered alleging offences 324, 332 and 308 read with Section 149 of the Indian Penal Code against five named persons and 50 other identifiable Muslim youngsters and thereafter some more accused persons including the petitioner in B.A.No.3214 of 2014 were implicated in the case. It is seen from the case diary file that except the present petitioners, others were already granted bail either by this Court or by Sessions Court. The petitioners surrendered before the Court below on 30.04.2014 and they were remanded to custody and they are in jail from that day onwards. The custody of the petitioners are not required any more in connection with the investigation. So considering the circumstances and also considering the facts that all other accused persons were already granted bail, this Court feels that bail can be granted to the petitioners as well with some stringent conditions. The applications are allowed with the following conditions :
1. The petitioners shall be released on bail on executing a bond for a sum of `50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court -1, Hosdurg.
2. The petitioners shall appear before the Investigating Officer on all Saturdays between 9a.m. and 10 a.m. for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
3. The petitioners shall appear before the Investigating Officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till the final report is filed.
4. The petitioners shall not intimidate or influence the witnesses.
5. The petitioners shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court -1, Hosdurg or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions these bail applications are allowed.
AMV/ Sd/- (K.RAMAKRISHNAN, JUDGE) /TRUE COPY/ P.A.TO JUDGE