Petition filed under Section 439 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.820/2014 of the Konni Police Station, Pathanamthitta registered for the offence punishable under Section 394 of the Indian Penal Code, presently pending as C.C.444/2014 before the Judicial First Class Magistrate's Court-II, Pathanamthitta.
3. The allegation against the petitioner is that he, along with the accused, on 09.07.2014 at 6.30 p.m., wrongfully restrained the defacto complainant, beat him and fisted him and snatched away an amount of ₹2,500/- from his pocket, and fled away from the scene with the booty.
The petitioner has been in custody for the period from 15.07.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the petitioner had an antecedent as he had involved in a case under Section 395 IPC. Even though there is one antecedent as far as the petitioner is concerned, having regard to the period undergone by the petitioner in custody, I am of the view that, as a last chance, one more opportunity can be given to the petitioner by enlarging him on bail in this case, on strict conditions.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `50,000/- (Rupees fifty 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 report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 15.12.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) 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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge