Petitioners are accused 3 and 4 in Crime No.321 of 2014 of the Kasaragod Police Station for the offences punishable under Sections 395 and 327 of the Indian Penal Code, are in custody from 26.03.2014 and seek bail.
2. I have heard the learned Public Prosecutor and the learned counsel for the petitioners.
3. Learned Public Prosecutor has opposed the application. It is pointed that the petitioners are also involved in Crime No. 210 of 2014 of the same Police Station for the offence under Section 376 of the IPC.
4. The sixth accused in Crime No.321 of 2014 filed B.A.No.3015 of 2014 for bail which this Court allowed as per order dated 22.05.2014. There, the facts and circumstances of the case including Crime No.210 of 2014 are stated. Hence it is not necessary to re-state the same in this order. The petitioners are in custody from 26.03.2014. Their further detention is not required for investigation. Hence, I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioners are granted bail in Crime No.321 of 2014 of the Kasaragod Police Station and shall be released, if not required to be detained otherwise on their executing bond for 30,000/- (Rupees Thirty Thousand Only) each with three sureties each 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 properties, one of the sureties shall be the father/mother/brother/close relative of any of the petitioner.
(b) Petitioners shall surrender their passport before the learned magistrate while executing the bail bond and in case they have none, file affidavit to that effect.
(c) Petitioners shall report to the Officer investigating Crime No.321 of 2014 of the Kasaragod Police Station on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier.
(d) Petitioners shall report to the Investigating Officer as and when directed for interrogation.
(e) Petitioners shall not, during the period of this bail get involved in any offence.
(f) Petitioners shall not intimidate or influence the witnesses.
(ii) In case of violation of any of condition Nos.(c) to (f), bail granted hereby is liable to be cancelled by moving application before the learned magistrate as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
(iii) In case the petitioners surrender the passports as aforesaid and it is required to be returned, appropriate application for that may be preferred before the learned magistrate who shall decide the matter.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge