Petition filed under Section 439 Cr.P.C.
2. Petitioners are A1 and A3 in Crime No.989/2014 of the Kodumon Police Station, Pathanamthitta registered for the offences punishable under Sections 452, 354(B), 341, 324 and 307 read with Section 34 of the Indian Penal Code.
3. The allegations against the petitioners are that on 07.10.2014 at 7.10 p.m., they, armed with deadly weapons like chopper, sickle, knife, short knife etc., in furtherance of their common intention to commit murder of the defacto complainant and others, committed house trespass into the house of the defacto complainant, and inflicted serious injuries on the younger brother of the defacto complainant and the wife of the defacto complainant. It is also alleged that the 4th accused has torn away the nighty worn by the wife of the defacto complainant by disrobing her and thereby outraging her modesty. The 1st petitioner was arrested on 24.10.2014 and the 2nd petitioner was arrested on 09.10.2014 and the.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the C.D.
5. The contents of the CD reveal that the investigation of the case as far as the present petitioners are concerned, is practically over. It seems that the 1st petitioner was involved in another case also. At the same time, it cannot be said that he is a habitual offender. The 2nd petitioner has no criminal antecedents. Continued detention of the petitioners in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioners in custody and the present stage of investigation, I am of the view that the petitioners can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on their executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each 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 petitioners shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 19.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(iv) The petitioners 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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge