This is an application for regular bail filed by accused 1 to 5 in Crime No.226/2014 of Pariyaram Medical College Police Station under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that on 9.4.2014 at about 12 noon, the accused persons formed themselves into an unlawful assembly with deadly weapons and trespassed into the courtyard of the defacto complainant with the common object to commit culpable homicide of the brother of the defacto complainant and with that common object, inflicted injuries on one Jayarajan, the brother of the defacto complainant and thereby all of them have committed the offences punishable under Sections 143, 147, 148, 447, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code.
3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they are falsely implicated in the case.
In fact another crime was registered as Crime No.225/2014 of the same police station on the basis of the statement given by one Rajeev against Lisha, Shiju and Vibin and a false case has been fabricated against the present petitioners as a counter blast to the same and they were arrested on 21.4.2014 and they are in jail from that day onwards. Investigation of the case is almost over. Their custody is not required any more. So he prayed for allowing the application.
4. The application was opposed by the Public Prosecutor on the ground that there were seven accused, but only five accused were arrested and other two accused persons are yet to be arrested. If bail is granted, arrest of the other persons will be delayed.
5. Heard both sides and perused the records.
6. It is seen from the records that Crime No.226/2014 of Pariyaram Medical College Police Station was registered on the basis of a statement given by the defacto complainant against the present petitioners and two other identifiable persons alleging offences punishable under Sections 143, 147, 148, 447, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code. It is seen from the records that they surrendered before the court on 21.4.2014 and they were remanded to custody and from that day onwards they are in jail. It is true that other two accused persons are yet to be arrested. That is not a ground for denying bail if custody of the petitioners is not required in connection with the investigation. I am not at this stage going into the question as to whether the present crime has been registered as a counter blast to Crime No.225/2014 of Pariyaram Medical College Police station as claimed by the counsel for the petitioners or not at this stage as it is a matter to be considered at the stage of trial. Custody of the petitioners is not required any more in connection with the investigation. Section 326 of the Indian Penal Code was subsequently added. The apprehension of the Public Prosecutor that if they are released on bail, they are likely to influence the witnesses can be removed by imposing some conditions. So the application is allowed with the following conditions.
i. The petitioners shall be released on bail on executing a bond for Rs.50,000/- each with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Payyannur.
ii. The petitioners shall appear before the investigating officer on all Saturdays between 9 a.m and 10 a.m for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
iii. The petitioners shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
iv. The petitioners shall not intimidate or influence the witnesses.
v. The petitioners shall not involve in any other crime of similar nature during bail period.
vi. The petitioners shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court, Payyannur or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions, the application is allowed.
K. RAMAKRISHNAN, JUDGE.
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