Petition filed under Section 439 Cr.P.C.
2. Petitioner is the first accused in Crime No.1087/2014 of the Vallikunnam Police Station, Alappuzha registered for the offences punishable under Sections 294 (b), 323, 341 and 308 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that on 01.11.2014 at 7 p.m., they wrongfully restrained the defacto complainant, abused him and beat and fisted him. It is alleged that the petitioner beat the defacto complainant with an iron piece. The petitioner has been in custody for the period from 07.11.2014 onwards.
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 is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Even though he has criminal background as he was involved in four other criminal cases, having regard to the period undergone by the petitioner in custody, I am of the view that one more opportunity can be given to him as a last chance, by enlarging him on bail.
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 Tuesdays and Fridays commencing from 16.12.2014 for a period of six months.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) 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.
Sd/- B.KEMAL PASHA, JUDGE ul/-
[True copy] P.S. to Judge