Petitioner is the 3rd accused in Crime No.379 of 2014 of the Kareelakulangara Police station for the offence punishable under Sec.395 of the Indian Penal Code on the allegation that on 14.03.2014 at about 2.30 p.m., the petitioner and others assaulted the defacto complainant and forcibly took Rs.160 and mobile phone from him, is in custody since long and seeks bail. 2. Learned Public Prosecutor has opposed the application. It is submitted that the case was initially registered by the Sasthamcotta Police for the offences under Secs.41(1)(d) and 102 of the Cr.P.C. on the information given by one of the accused. Cases were transferred to the Police stations concerned.
3. I have heard the learned counsel for the petitioner also.
4. Petitioner is involved in certain other similar cases also and by order dated 23.05.2014 in B.A. No.3351 of 2014 and connected cases, this Court, having regard to all relevant circumstances including the nature of allegations made against the petitioner, granted bail to him in those cases. On hearing both sides, I am inclined to think that the same view can be taken in this application also.
Application is allowed as under:
Petitioner is granted bail in Crime No.379 of 2014 of the Kareelakulangara Police station and shall be released on bail ( if not required to be detained otherwise) on his executing bond for Rs.30,000/- (Rupees Thirty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer investigating Crime No.379 of 2014 of the Kareelakulangara Police station as and when required for interrogation.
(c) Petitioner shall not get involved in any other offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(e) In case any of condition nos.(b) to (d) is violated, it is open to the investigating officer to file application before the learned magistrate (until committal of the case if any, and thereafter before the learned 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).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge