Petition filed under Section 439 Cr.P.C. 2. Petitioner is accused in Crime No.714 of 2015 of Vallikkunnam Police station registered for the offences under Secs.143, 147, 148, 294(b), 307, 323, 324, 342, 365 and 427 read with Sec.149 of the Indian Penal Code. The prosecution case is that the petitioner along with the co-accused kidnapped the victim, wrongfully confined him and assaulted him with the intention of causing his death.
3. Heard both sides.
4. The petitioner has been in custody since 08.07.2015. The weapon used is only a wooden reaper. Having regard to these facts, I am inclined to grant the prayer of the petitioner.
In the result, the bail application is allowed.
1) The petitioner will be released on bail on his executing a bond for Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Wednesday for four months or till the final report is filed, whichever is earlier.
3) The petitioner shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.
4) The petitioner shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.
6) The petitioner shall not intimidate or attempt to influence the witnesses.
7) The petitioner shall co-operate with investigation of the case.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge