These applications are preferred by accused Nos.2 and 1 respectively in Crime No.553 of 2014 of the Kallambalam Police Station for the offeces punishable under Sections 323, 304 read with Section 34 of the Indian Penal Code, are in custody from 08.05.2014 and seek bail. 2. The learned Public Prosecutor has opposed the applications. It is submitted that the petitioners are engaged in construction work and the deceased, a carpenter was working with them. The deceased had to return a machine to the petitioners which he did not. The deceased took the petitioners to various places offering to return the machine. But, he did not. On 15.04.2014 at about 9.30 p.m. the petitioners inflicted heavy blows on the head of the deceased. He was taken to the hospital where he died on 03.05.2014.
3. The learned counsel submitted that at any rate the offence under Section 304 of IPC is not attracted. It is pointed out that there is no case that the petitioners had used any weapon against the deceased.
4. I have gone through the CD file and the postmortem certificate. Cause of death is stated to be due to head injury with infective complications. Petitioners are not reported to be involved in any other case from the Kallambalam Police Station. Having regard to the relevant circumstance, I am inclined to think that further custody of the petitioners is not required for investigation. Hence, I am inclined to grant bail but subject to conditions to prevent recurrence of such incidents in future.
These applications are allowed as under :
I Petitioners are granted bail in Crime No.553 of 2014 of the Kallambalam Police Station and shall be released (if not required to be detained otherwise) on them executing bond for `25,000/- (Rupees twenty five thousand only) each with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
a. One of the sureties shall be a close relative of the petitioners.
b. Petitioners shall report to the officer investigating the case on every alternate Saturday between 10 a.m. and 12 p.m. until filing of the final report or for two months whichever is earlier.
c. Petitioners shall report to the investigating officer as and when required for interrogation.
d. Petitioners shall not get involved in any offence during the period of this bail.
e. Petitioners shall not intimidate or influence the witnesses.
f. In case any of condition Nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate until committal of the case if any and thereafter before the learned Principal Sessions Judge concerned for cancellation of the bail granted hereby, as held in P.K.Shaji v. State of Kerala [AIR 2006 SC 100].
AMV sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE