Petition under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.1217 of 2014 of Iritty Police Station registered for the offences punishable under Sections 324 and 308 of the Indian Penal Code.
3. The allegation against the petitioner is that on 16.10.2014 at 5.45 p.m., he entered into a quarrel with a group of school students at Peratta Town and he took a dagger and wielded it towards the students. On seeing it, the defacto complainant intervened for the rescue of the students, and attempted to pacify the petitioner. The petitioner repeatedly stabbed the defacto complainant with the dagger, thereby attempted to commit culpable homicide. The petitioner has been in custody for the period from 19.10.2014 onwards.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the CD.
5. The learned Public Prosecutor has reported that the petitioner is an accused in four other criminal cases, out of which, one case relates to the offences punishable under Sections 302 and 307 of the Indian Penal Code. It seems that proceedings were initiated against the accused under Section KAAPA. It seems that the investigation is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of the case. Even though there are criminal antecedents on his part, having regard to the period undergone by the petitioner in custody, I am satisfied that the petitioner can be enlarged on bail, as last chance, on strict conditions.
5. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹ 50,000/- (Rupees fifty 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 petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Thursdays and Mondays, commencing from 27.11.2014 for a period of six months.
(ii) Except for observing the condition No.(i) above, the petitioner shall not enter into the limits of Iritty Police Station for 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 dl // TRUE COPY // PA to Judge