This is an application filed by the petitioner who is the first accused in Crime No.593/2014 of Bekal police station, Kasaragod District, for regular bail under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nut shell was that, on 20.07.2014 at 9.30. p.m., at Periyokki in Periya Village, the accused persons formed themselves in to an unlawful assembly, trespassed into the house of the defacto- complainant and attempted to commit culpable homicide and also caused damages to the articles and also inflicted injuries on the defacto-complainant and thereby they have committed the offence punishable under Section 147, 143, 148, 452, 427, 506(ii), 324, 294(b), 308 read with Section 149 of the Indian Penal Code.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and others were granted bail and he is innocent of the same. He is in jail from 20.07.2014 onwards. No offence under Section 308 of the Indian Penal Code is attracted. His custody is not required any more in connection with the investigation as well.
4. The application was opposed by the Public Prosecutor on the ground that, investigation is still in progress.
5. Heard both sides and perused the records of the investigating officer.
6. It is seen from the report that, on the basis of the statement given by the defacto-complainant, the above crime was registered against eight persons including the petitioners, alleging offences under Section 147, 143, 148, 452, 427, 506(ii), 324, 294(b), 308 read with Section 149 of the Indian Penal Code. It is seen from the order of the court below that, the present petitioner along with the accused persons namely accused Nos. 2, 3 and 6 were arrested on 22.07.2014 and produced before the court and the bail application filed by them was rejected by the court below as per Annexure-A2 order dated 23.07.2014. It is also seen from the report that, during investigation it was revealed that, accused Nos. 7 and 8 mentioned in the first information report did not involve in the incident. So their names were deleted. It is also seen from the records that, other accused persons namely accused Nos. 2, 3 and 6 were granted bail as per order in Bail Application No.6731/2014 dated 19.08.2014 and the bail application in respect of the present petitioner namely B.A.No.6217/2014 was dismissed. It is true that, the present petitioner is involved in other crimes. But that itself is not a ground for rejecting the bail application, if his custody is not required any more in connection with the investigation of this case. Further he is in jail from 23.07.2014 onwards, as per the remand order of the court below. It is not known as to how much time it will take for the investigation to completed the final report to be filed. So, considering the circumstances, this court feels that, bail can be granted to the petitioner with some stringent conditions. So, the bail application is allowed with following conditions:
i. The petitioner shall be released on bail on executing a bond for ₹50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-II, Hosdurg.
ii. The petitioner shall appear before the investigating officer on all Mondays and Saturdays between 9.00 a.m and 10.00 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.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime, as and when required in writing to do so, till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. The petitioner shall not involve in any other crime of similar nature during bail period.
vi. The petitioner shall not leave Kasaragod District, without getting prior permission either from the Judicial First Class Magistrate Court- II, Hosdurg, or from the court to which the case will be committed for trial, till the disposal of the case.
With the above conditions the bail applicaiton is allowed.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss