This is an application filed by accused 1 and 2 in Crime No.1011/2014 of Kadakkavoor police station for regular bail under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that on 4.9.2014 at 7.10 p.m on account of their enmity with the defacto complainant with an intention to commit culpable homicide inflicted injury on him with a granite stone and thereby both of them have committed the offence punishable under Sections 341, 323, 324 and 308 read with Section 34 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 have been falsely implicated in the crime.
4. The application was opposed by the Public Prosecutor on the ground that investigation is not over.
5. Heard both sides and perused the case diary file.
6. It is seen from the case diary file that the case was registered against the petitioners on the basis of the statement given by the defacto complainant alleging commission of the above said offences. The petitioners were arrested on 23.9.2014 and they are in jail from that day onwards and the weapon alleged to have used of the commission of the crime has already been recovered. It is seen from the wound certificate that no serious injuries have been caused to the injured. I am not at this stage going into the question as to whether the allegations are sufficient to attract the offence under Section 308 of the Indian Penal Code or not as it has to be considered by the trial court on the basis of evidence. Further, custody of the petitioners is not required any more in connection with the investigation. Further, the Public Prosecutor had no case that the petitioners have got any criminal background as well. Considering the circumstances, this Court feels that bail can be granted to the petitioners with stringent 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-I,Varkala.
ii. The petitioners shall appear before the investigating officer on the last Saturday of every month between 9 a.m and 10 a.m for a period of three months till the final report is filed.
iii. The petitioners shall not intimidate or influence the witnesses.
Iv The petitioners shall not leave Thiruvananthapuram district without getting prior permission either from the Judicial First Class Magistrate-I, Varkala or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge