Petition filed under Section 439 Cr.P.C. 2. Petitioners are A9 and A10 in Crime No.1317/2014 of Kannur Town Police Station, registered for the offences punishable under Sections 143, 147, 148, 451 and 427 IPC read with Section 149 IPC and Sections 3 and 5 of the Explosive Substances Act.
3. The allegation against the petitioners and other accused is that they formed themselves into an unlawful assembly armed with deadly weapons and explosives on 02.09.2014 at 11.00 p.m., and they hurled bomb on a local committee office of a political party, thereby causing severe damage to the office and furniture and thereby causing an unlawful loss to the tune of ₹50,000/-. The petitioners have been in custody for the period from 06.09.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the investigation has so far revealed that the explosive substances were used by the petitioners herein. At the same time, no criminal antecedents have been reported against the petitioners. The investigation of this case is practically over, as far as the petitioners are concerned. At the same time, it is a fact that severe damage has been caused to a building. I am of the view that the petitioners can be enlarged on bail by making a provision for compensating the damage caused to the building and furniture.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on each of them 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) Each of the petitioners shall deposit an amount of ₹25,000/- (Rupees twenty five thousand only) within 15 days from today, before the court below.
(ii) The petitioners shall report before the Investigating Officer in between 9 am and 11 am on all Sundays and Wednesdays, commencing from 16.11.2014 for a period of three months.
(iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(v) The petitioners 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.
B.KEMAL PASHA, JUDGE DSV/13/11