This is an application for bail filed by the accused Nos.2 and 4 in Crime No.370/14 of Kasargod Police Station under Section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that on 10.04.2014 at about 6.00 p.m. at Mogralputhur village on account of the political rivalry between the accused persons and the de facto complainant and others with a common object of committing murder of the de facto complainant, the accused persons formed themselves an unlawful assembly with deadly weapons and with that common object inflicted injuries on the de facto complainant and others with iron rod and other deadly weapons and thereby all of them have committed the offence punishable under Sections 143, 147, 148, 324, 307 read with Section 149 of Indian Penal Code.
3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they have been falsely implicated in the case. Further the de facto complainant and his gang belong to IUML party with an intention cause injuries to the workers of the petitioner's party inflicted injuries on them and on the basis of the statement given by the injured, another crime was registered as Crime No.372/2014 against the de facto complainant in this case and others showing less grave offences using their influence in the ruling party. The petitioners were arrested on 10.04.2014 and they are in jail from that day onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation of the case is not over and if they are released on bail now as the Election results are expected, there is a possibility of law and order situation in the locality.
5. Heard both sides and perused the instructions received from the investigating officer.
6. It is seen from the instructions that the above crime No.372/2014 was registered on the basis of the statement given by the defacto complainant-injured against 9 named persons including the petitioners alleging commission of the above said offences. It is also seen from the copy of the First Information Report produced for perusal by the learned Counsel for the petitioners that on the same day, on the basis of the statement given by one Mr.Rahman who is the first accused in this case, another crime was registered as Crime No.372/2014 of Kasargod Police Station against the de facto complainant and others alleging offences under Sections 143, 147, 341, 323 read with Section 149 of Indian Penal Code. The petitioners were arrested on 10.04.2014 itself. The Counsel for the petitioners submitted that accused Nos. 1 and 5 have moved this court for anticipatory bail and that petition is pending. The Election result will be published today. It is not known as to how much time it will take for the investigating officer to complete the investigation and when the final report will be filed. It appears to be a fight between two political groups in the locality. Merely because other accused persons were not arrested, it is not a ground for denial of bail to the petitioners if their custody is not required any more in connection with the investigation. Considering the apprehension raised by the Public Prosecutor, on the eve of the Election results being published by today, this court feels that bail can be granted to the petitioners from 19.05.2014 with some stringent conditions. So, the application is allowed with the following conditions.
1) The petitioners shall be released on bail with effect from 19.05.2014 on executing a bond for Rs.50,000/- each with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Kasargode.
2) The petitioners shall appear before the investigating officer on all Mondays and Saturdays of every month between 9 a.m and 10 a.m for a period of three months and thereafter on the last day of every month between the same timings till the final report is filed.
3) The petitioners shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the investigation the above crime in writing to do so till the final report is filed.
4) The petitioners shall not intimidate or influence the witnesses.
5) The petitioners shall not involve in any other crime of similar nature during bail period.
6) The petitioners shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court, Kasargod or from the court to which the case will be committed for trial till the final report is filed.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Bb [True copy] P.A to Judge