Petitions filed under Section 439 Cr.P.C.
2. Petitioner in B.A.No.8558/2014 is A4 and the petitioner in B.A.No.8579/2014 is A2 in Crime No.989/2014 of the Kodumon Police Station, Pathanamthitta registered for the offences punishable under Sections 452, 354(B), 341, 324 and 307 read with Section 34 of the Indian Penal Code.
3. The allegations against the petitioners are that on 07.10.2014 at 7.10 p.m., they, armed with deadly weapons like chopper, sickle, knife, short knife etc., in furtherance of their common intention to commit murder of the defacto complainant and others, committed house trespass into the house of the defacto complainant, and inflicted serious injuries on the younger brother of the defacto complainant and the wife of the defacto complainant. It is also alleged that the 4th accused has torn away the nighty worn by the wife of the defacto complainant by disrobing her and thereby outraging her modesty. It seems that the petitioners had criminal back grounds and both of them were involved in three other criminal cases each. A2 has been in custody for the period from 24.10.2014 onwards and A4 has been in custody for the period from 09.10.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the C.D.
5. It seems that the investigation, as far as these petitioners is concerned, is practically over. Continued detention of the petitioners in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioners in custody and the present stage of investigation, I am of the view that, as a last chance, one more opportunity can be given to the petitioners by enlarging them on bail, on strict conditions.
6. In the result, these Bail Applications are allowed and the petitioners shall be enlarged on bail on their executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each 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 Thursdays and Mondays commencing from 18.12.2014 for a period of six months.
(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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge