Petitioner is the 3rd accused in crime No.248 of 2014 of the Arthunkel Police Station for the offences punishable under Sections 143, 147, 148, 323 and 326 read with Section 149 of the Indian Penal Code, is in custody from 23-04-2014 and seeks bail. 2. The learned Public Prosecutor has opposed the application. It is submitted that on 19-04-2014 at about 8:00 p.m., the petitioner and others attacked the de facto complainant with iron rod.
3. Learned counsel submitted that accused 1 and 2 are already released on bail.
4. On hearing both sides, it appears to me that the weapon (allegedly) used in the incident is recovered. Further detention of the petitioner is not required. Hence, I am inclined to grant bail but subject to conditions to prevent recurrence of such incidents in future.
The application allowed as under.
1. Petitioner is granted bail in Crime No.248 of 2014 of the Arthunkel Police Station and shall be released (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties 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 relatives of the petitioner.
(b) Petitioner shall report to the investigating officer on every Saturday between 10 a.m. and 12.00 p.m. until filing of the final report or for two months whichever is earlier.
(c) Petitioner shall report to the investigating officer as and when required for interrogation.
(d) Petitioner shall not get involved any offence during the period of this bail.
(e) Petitioner 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 for cancellation of the bail granted hereby, as held in P.K. Shaji V.State of Kerala (AIR 2006 SC 100).
Sd/-THOMAS P. JOSEPH JUDGE MJL