Accused nos.1 to 6 in Crime No.489 of 2014 of the Taliparamba Police station registered for the offences punishable under Secs.143, 147, 148, 341, 323, 324, 427 and 308 read with Sec.149 of the Indian Penal Code and who are in custody from 16.06.2014 seek bail. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 14.04.2014 at about 10 p.m. these accused attacked the defacto complainant with torch, stone etc. and committed mischief causing loss. The torch is not recovered.
3. Learned counsel submitted that the allegations are not true. It is submitted that the defacto complainant and others trespassed into the office of the political party to which these accused belong and committed mischief for which a separate case is registered. Learned counsel also submitted that the injury allegedly suffered by the defacto complainant are minor in nature.
3. The 2nd accused is said to have assaulted the defacto complainant with torch. Since the torch is not seized/recovered, request for bail made by the 2nd accused cannot be allowed at this stage.
4. But I am inclined to grant relief to the other accused as their further custody is not required.
The application is disposed of as under:
I. Request of the 2nd accused for bail is rejected leaving it open to him to move again after the investigation has progressed.
II. Accused nos. 1 and 3 to 6 are granted bail in Crime No.489 of 2014 of the Taliparamba Police station and shall be released on bail (if not required to be detained otherwise) on their executing bond for Rs.20,000/- (Rupees Twenty thousand only) each with two sureties each 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 any of accused 1 and 3 to 6.
(b) Accused nos.1 and 3 to 6 shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report whichever is earlier.
(c) Accused nos.1 and 3 to 6 shall report to the investigating officer as and when required for interrogation.
(d) Accused nos.1 and 3 to 6 shall not get involved in any offence during the period of this bail.
(e) Accused nos.1 and 3 to 6 shall not intimidate or influence the witnesses.
(f) In case any of condition nos.(b) to (e) 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).
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THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge