Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.1 to 3 in Crime No.1035/2014 of Balaramapuram Police Station registered for the offences punishable under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioners is that on 20.9.2014 at 8 a.m., they wrongfully restrained the de-facto complainant near the housing Board building at Balaramapuram and the first accused repeatedly hit him with a punching block on his face and kicked him below his abdomen. The second accused beat on his back with a stick. Further, the first accused inflicted a cut aimed at his neck, which when warded off, resulted in an injury on the right side of his head. The other accused severely beat and stamped him. The petitioners have been in custody for the period from 14.10.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor. No criminal antecedents have been reported against the petitioners. It seems that the investigation of the case is practically over. Continued detention of the petitioners in custody is not required for the continued investigation of the case. Having regard to the period undergone by the petitioners in custody, the present stage of investigation and the absence of criminal antecedents on the part of the petitioners, I am satisfied that the petitioners can be enlarged on bail.
5. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on each of them executing a bond for ₹25,000/-(Rupees twenty five thousand only) with two solvent sureties 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 am and 11 am on all Thursdays and Mondays, commencing from 4.12.2014 for a period of six months.
(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.
Sd/-
B.KEMAL PASHA, JUDGE dl // True Copy // PA to Judge