This is an application filed by the petitioner who is the 3rd accused in Crime No.1442 of 2014 of Paravoor Police Station, Kollam District for regular bail under Section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that on 13.08.2014 at about 08.00 p.m. while the husband of the de facto complainant and his friend were sitting near the Koonamkulam Parasumoodu Temple, the accused in furtherance of their common intention to cause death of the de facto complainant, the first accused inflicted stab injury and thereby all of them have committed the offence punishable under Sections 307 and 324 r/w Section 34 of the Indian Penal Code.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He was arrested on 16.09.2014 and he is in jail from that day onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation is still in progress and accused Nos. 1and 2 are yet to be arrested.
5. Heard both sides and peruse the case diary file.
6. It is seen from the case diary file that the above case was registered on the basis of the statement given by the de facto complainant who is the wife of the injured, originally against three identifiable persons came in a cycle alleging offence under Section 307 r/w Section 34 of the Indian Penal Code as Crime No.1442 of 2014 of Paravoor Police Station, Kollam District. During investigation it is revealed that the present petitioner and 2 others who have been arrayed accused Nos. 1 to 3 are the persons who involved in the crime and the present petitioner was arrested on 16.09.2014 and he is in jail from that day onwards. Even going through the allegations except the presence of the petitioner at the time of occurrence along with the other accused, no specific overtact has been alleged against him. However, I am not going to the question as to whether the allegations against the petitioner are genuine or not at the stage, as it is a matter to be considered by the trial Court. However, the custody of the petitioner is not not required as he is in jail from 16.09.2014 onwards. Merely because other two accused persons are not arrested is a not a ground for denying bail to the petitioner if his custody is not required for any more in connection with the investigation as well. Considering the circumstances, this Court feels that bail can be granted to the petitioner with some stringent conditions.
Therefore, this application is allowed on the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Paravoor.
(ii) The petitioner shall appear before the Investigating Officer on all Mondays and Saturdays between 09.00 a.m. and 10.00 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 petitioner shall appear before the Investigating Officer for the purpose of interrogation as and when required in connection with the above crime in writing him to do so till the final report is filed.
(iv) The petitioner shall not intimidate or influence the witnesses.
(v) The petitioner shall not leave Kollam District without getting prior permission either from the Judicial First Class Magistrate Court, Paravoor or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions the bail application is allowed.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge