~ ~ ~ ~ ~ ~ Petitions filed under Section 439 Cr.P.C. 2. Petitioners in B.A.No.8745/2014 are A2 and A3 and petitioners in B.A.No.8432/2014 are A4 and A5 in Crime No.593/2014 of Santhanpara Police Station, Idukki district, registered for the offences punishable under Sections 143, 144, 145, 147, 148, 294(b), 332, 353, 395, 308 and 225 read with Section 149 IPC and Sections 55(a) and (i) of the Abkari Act.
3. The de facto complainant, Sub Inspector of Police, Santhanpara, traced out a crime wherein the 1st accused was engaged in selling liquor at 7.45 p.m. on 09.11.2014. He placed A1 under arrest and was preparing the seizure mahazar. At that time, it is alleged that the other accused, who are the relatives and friends of the 1st accused, along with some others, came over there by two jeeps, formed themselves into an unlawful assembly armed with deadly weapons and attacked the de facto complainant. They beat the de facto complainant and the police officers with iron rods and other weapons and snatched away a mobile phone worth ₹19,000/- from the de facto complainant and they made good the escape of A1 from custody. A2 was arrested on 09.11.2014 and A3, A4 and A5 were arrested on 10.11.2014.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. No criminal antecedents have been reported against A2, A4 and A5. At the same time, it seems that A3 is a habitual offender involved in other criminal cases involving even the offence under Section 307 IPC. It seems that the investigation of this case is practically over. The continued detention of A2, A4 and A5 in custody is not required for the continued investigation of this case. At the same time, considering the series of serious criminal antecedents on the part of A3, I am of the view that he is not entitled to be enlarged on bail. Having regard to the period undergone by A2, A4 and A5 in custody and the present stage of investigation, I am satisfied that they can be enlarged on bail.
6. In the result, B.A.No.8432/2014 is allowed and B.A.No.8745/2014 is allowed in part, and A2, A4 and A5 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) A2, A4 and A5 shall report before the Investigating Officer in between 9 a.m. and 1 a.m. on all Saturdays and Wednesdays, commencing from 13.12.2014 for a period of six months.
(ii) A2, A4 and A5 shall not tamper with the evidence or influence witnesses.
(iii) A2, A4 and A5 shall make themselves available for interrogation as and when required by the Investigating Officer.
(iv) A2, A4 and A5 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.
As far as A3(2nd petitioner in B.A.No.8745/2014) is concerned, his Bail Application is dismissed.
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(B.KEMAL PASHA, JUDGE) aks/10/12 // True Copy // PA to Judge