~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.742/2014 of Pazhayangadi Police Station registered for the offences punishable under Sections 341, 324, 452 and 308 IPC.
3. The allegation against the petitioner is that, on 25.11.2014 at 4.30 p.m., he committed house trespass into the house of the de facto complainant and attacked him by attempting to stab with a knife. When it was warded off by the de facto complainant, he sustained an injury on his left index finger. It is alleged that the petitioner had attempted to give some gift to the wife of the de facto complainant, which was obstructed by the de facto complainant and that on previous occasions also, he had used to send messages to the wife of the de facto complainant. The petitioner has been in custody for the period from 27.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. At the same time, the act done by the petitioner has to be viewed seriously. It seems that he has committed house trespass armed with a knife and stabbed the de facto complainant. 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 `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 report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing from 13.12.2014 for a period of six months.
(ii) The petitioner shall neither contact the de facto complainant and his wife nor shall make any attempt for the same either directly or indirectely.
(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) aks/10/12 // True Copy // PA to Judge