Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.1 to 3 in Crime No.856/2014 of Perunad Police Station, Pathanamthitta District registered for the offences punishable under Sections 452 and 436 read with Section 34 of the Indian Penal Code.
3. The allegations against the petitioners is that, they along with the second accused, who is a juvenile in conflict with law, committed house trespass into the house of the de-facto complainant on 3.11.2014 at 9 p.m., and they smashed and destroyed all the window panes and glasses of the house of the de- facto complainant. They smashed the front door of the house and set fire to the cot, bed, chairs and T.V. in the house and destroyed the same and other furnitures. It is alleged that they have destroyed the tiles of the roof and water taps of the house also, thereby causing a wrongful loss of ₹40,000/- to the de-facto complainant. The first petitioner was arrested on 10.11.2014 and the second petitioner was arrested on 6.11.2014 and thereafter, they have been in custody.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor. The contents of the C.D. reveal that the investigation of the case is practically over. No criminal antecedents have been reported against the petitioners. Continued detention of the petitioners in custody is not required for the continued investigation of the case. Considering the facts and circumstances of the case, having regard to the period undergone by the petitioners in custody and the absence of criminal antecedents on the part of the petitioners, I am satisfied that the petitioners can be enlarged on bail, by making a provision for compensating the damages sustained to the de-facto complainant.
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) Each of the petitioners shall deposit an amount of ₹20,000/- before the court below.
(ii) The petitioners shall report before the Investigating Officer in between 9 am and 11 am on all Thursdays and Mondays, commencing from 11.12.2014 for a period of six months.
(iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(v) 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