Petition filed under Section 439 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.1783/2014 of the Anchal Police Station, Kollam registered for the offences punishable under Sections 294 (b), 447, 324 and 315 read with Section 34 of the Indian Penal Code.
3. It is alleged that on 16.11.2014 at 1.30 p.m., the petitioner abused the defacto complainant, a young woman who was pregnant, and pelted her with roof tiles. When her husband intervened, he beat him with roof tiles. The 1st accused attempted to beat the husband of the defacto complainant with roof tiles and when the defacto complainant intervened, she was also beaten by the 1st accused and he kicked on her abdomen thereby causing her miscarriage. The petitioner has been in custody for the period from 26.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. It seems that the investigation as far as the petitioner is concerned, is practically over. The specific allegation of causing miscarriage is alleged against A2. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view 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 `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below, 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 Thursdays and Mondays commencing from 18.12.2014 for a period of three months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) 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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge