~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.2 and 3 respectively in Crime No.1065/2014 of Ayiroor Police Station registered for the offences punishable under Sections 143, 147, 148, 294(b), 341, 323, 324, 426, 427 and 308 read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioners and other accused is that on 04.11.2014 at 7 p.m., they formed themselves into an unlawful assembly armed with deadly weapons like chopper and sticks, and committed rioting and rioting armed with deadly weapons. It is alleged that they obstructed the motor bike of the de facto complainant and the 1st accused indiscriminately inflicted severe cut injuries on him by using chopper. When the friend of the de facto complainant attempted to intervene for the rescue of the de facto complainant, he was also attacked with the chopper. It is alleged that the other accused have severely beat the de facto complainant with sticks and stamped him.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The contents of the CD reveal that the investigation of this case is practically over. No criminal antecedents have been reported against the petitioners. The continued detention of the petitioners in custody is not required for the continued investigation of this case. The learned Public Prosecutor has pointed out that one of the hands of the de facto complainant has become paralytic on account of the incident. All the main overt acts are alleged against the 1st accused. Considering the facts and circumstances of the case and having regard to the period undergone by the petitioners in custody and the present stage of investigation, I am of the view that the petitioners can be enlarged on bail.
6. 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 a.m. and 1 a.m. on all Thursdays and Mondays, commencing from 11.12.2014 for a period of six months.
(ii) Except for observing condition No.(i) above, the petitioners shall not enter the local limits of Ayiroor Police Station for a period of six months from today.
(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) aks/08/12 // True Copy // PA to Judge