Petition filed under Section 439 Cr.P.C.
2. Petitioner is the 7th accused in Crime No. 153/2014 of the Nooranadu Police Station, Alappuzha registered for the offences punishable under Sections 143, 147, 148, 324, 323 and 307 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that on 05.09.2014 at 7.45 p.m., they formed themselves into an unlawful assembly armed with deadly weapons like sword, bamboo stick, rubber stick, shock absorber etc. and committed rioting and rioting armed with deadly weapons and attacked the defacto complainant and his friends thereby attempting to commit their murder. The attack has resulted in grievous hurt and injuries to the defacto complainant and others. The petitioner has been in custody from 07.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. Investigation of this case, as far as the present petitioner is concerned, is practically over. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of criminal antecedents on his part, I am satisfied 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 ₹50,000/- (Rupees fifty 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 petitioner shall report before the Investigating Officer in between 9 a.m. and 1 a.m. on all Tuesdays and Fridays commencing from 04. 1.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(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