~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 respectively in Crime No.991/2014 of Chirayinkeezhu Police Station pending investigation for the offences under Sections 341, 294(b), 323, 329 and 308 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners and other accused is that they, in furtherance of their common intention to commit culpable homicide, attacked the de facto complainant at 4 p.m. on 03.09.2014. The 1st accused and 4th accused allegedly hit the de facto complainant with a stone and the 2nd accused kicked the de facto complainant on his belly. He sustained some injuries. The petitioners have been in custody for the period from 05.09.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor and perused the CD.
5. The contents of the CD reveal that the investigation of this case as far as the present petitioners are concerned, is practically over. It is a fact that another accused is yet to be identified and arrested. But, the same does not stand in the way of enlarging the petitioners on bail, especially when they have been arrested on 05.09.2014. Having regard to the period undergone by the petitioners in custody and the present stage of investigation, I am satisfied that the petitioners can be enlarged on bail.
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 ₹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) The petitioners shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Sundays and Thursdays, commencing from 09.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(iv) 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.
aks/06/11 Sd/-
(B.KEMAL PASHA, JUDGE) // True Copy // PA to Judge