Application for bail under Section 439 Cr.P.C
2. Petitioner is the second accused in Crime No.554/2014 of Pazhayangadi Police Station registered for offences punishable under Sections 341, 323, 324, 308 r/w 34 of I.P.C seeks bail. He was arrested on 11.09.2014.
3. Prosecution case is that, the accused persons on 10.09.2014 at 18.00 hrs in furtherance of their common intention and due to previous enmity, unlawfully restrained the de facto complainant and hit him with a granite stone on his head causing injury. Had it landed on its head, he could have been killed.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. Learned counsel for the petitioner submitted that the de facto complainant is a habitual drunkard and the petitioner is a member of a group campaigning for prohibition. On account of personal enmity, a false case is registered against the petitioner. Reckoning the stage of investigation and the nature of allegation, bail is granted to the petitioner with following strict conditions:
B. A. No. 7048 of 2014
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1. The petitioner shall be released on executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Payyannur.
2. The sureties shall be solvent sureties and they should produce documents to establish their identity.
3. The petitioner shall appear before the Investigating Officer on all Wednesdays between 10.00 and 11.00 a.m until final report is filed.
4. The petitioner shall not indulge in any offence while on bail.
5. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
6. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is empowered to cancel bail without referring the matter to this Court.
A.HARIPRASAD, JUDGE lsn