~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.1542/2014 of Karunagappally Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324, 307 and 427 read with Section 149 IPC.
3. The allegation against the petitioner and the other accused is that, on 05.05.2014 at 9.10 p.m., they formed themselves into an unlawful assembly armed with deadly weapons like iron rod, iron pipe, etc. and committed rioting and rioting armed with deadly weapons. It is alleged that they, in furtherance of their common object, attacked the de facto complainant and his younger brother by severely beating them with iron rod, iron pipe, etc. and by kicking and stamping them, thereby attempting to commit their murder.
The petitioner has been in custody for the period from 31.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The learned Public Prosecutor has pointed out that the other accused are not yet arrested. That fact does not stand in the way of enlarging the petitioner on bail, especially when he has been in custody for the period from 31.10.2014 onwards. The investigation of this case as far as the petitioner is concerned, is practically over. The weapon allegedly made use of by him has been recovered. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of criminal antecedents on his part, I am satisfied that the petitioner can be enlarged on bail.
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 01.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(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.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/27/11 // True Copy // PA to Judge