Petition filed under Section 439 Cr.P.C. 2. Petitioner is the first accused in Crime No.1304/2014 of Kazhakkuttom Police Station registered for the offences punishable under Sections 143, 147, 148 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act.
3. The allegation against the petitioner and the other accused is that, they committed house trespass into the compound of the house of the de-facto complainant at 9.45 p.m. on 10.10.2014, and hurled bombs at the house of the de-facto complainant, thereby causing explosions, in which the glass of a window and a cupboard in the house were damaged. The light of the gate and a cycle kept in front of the house, were also damaged. It is alleged that the de-facto complainant sustained a wrongful loss of ₹10,000/-. The petitioner has been in custody for the period from 10.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. The contents of the C.D., reveal that the investigation of the case is practically over. No criminal antecedents have been reported against the petitioner. Continued detention of the petitioner in custody, is not required for the continued investigation of the case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation, and the the absence of criminal antecedents on the part of the petitioner, I am satisfied that the petitioner can be enlarged on bail, by making a provision for compensating the de- facto complainant for the damages sustained to him.
5. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall deposit an amount of ₹10,000/- before the court below.
(ii) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Thursdays and Mondays, commencing from 4.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE dl // True Copy // PA to Judge