Petitioner is the 1st accused in Crime No.760 of 2013 of the Peringome Police station for the offences punishable under Secs.341, 323, 324, 326, and 308 read with Sec.34 of the Indian Penal Code, is in custody from 26.04.2014 and seeks bail. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 30.11.2013 at about 3.20 p.m., as per quotation given by the 3rd accused the petitioner hired autorickshaw of the defacto complainant, took him for a trip and with assistance of the 2nd accused, assaulted him with wheel spanner and granite stone. Accused nos.2 and 3 are to be arrested.
3. Learned counsel submitted that the petitioner has not committed any offence and at any rate, his further custody is not required.
4. On hearing both sides it is revealed that the weapons allegedly used in the incident are recovered. The petitioner is not reported to be involved in any other case from the Peringome Police station. I am satisfied that further detention of the petitioner is not required. Hence I am inclined to grant bail to the petitioner but subject to conditions.
Application is allowed as under.
Petitioner is granted bail in Crime No.760 of 2013 of the Peringome Police station and shall be released on bail ( if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the Circle Inspector, Taliparambu on every alternate Saturday between 10.00 am and 12.00 pm until filing of the final report.
(c) Petitioner shall report to the investigating officer as and when required for interrogation.
(d) Except if necessary for compliance with condition nos.(b) and (c), or to attend any Court (or any lawful authority as per order in writing), the petitioner shall not, until otherwise ordered and except with the permission of the learned magistrate until committal of the case if any and thereafter by the learned Principal Sessions Judge concerned, enter local limits of the Peringome Police station.
(e) Petitioner shall not get involved in any other offence during the period of this bail.
(f) Petitioner shall not intimidate or influence the witnesses.
(g) In case any of condition nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate /Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge