Petition filed under Section 439 Cr.P.C.
2. Petitioner is the first accused in Crime No.1886 of 2014 of the Varkala Police Station registered for the offences punishable under Sections 341, 294(b), 323, 324 and 326 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that he along with other accused, out of previous enmity, in furtherance of their common intention to attack the defacto complainant, wrongfully restrained the defacto complainant, when he was passing through the road in front of the home stay of the petitioner. It is alleged that the second accused wrongfully restrained the defacto complainant and the petitioner repeatedly beat the defacto complainant with an iron pipe on his cheek, left shoulder and other parts of the body, thereby, the defacto complainant sustained fracture to his zygomatic arch. It is also alleged that A2 is stamped on the right chest of the defacto complainant and A3 beat him with the leg of a fiber plastic chair.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. The contents of the CD reveal that the investigation of this case practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am of the view that the petitioner can be enlarged on bail on strict conditions.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh 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 petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 12.12.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner 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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge