This is an application filed by the petitioners who are accused Nos. 1 and 2 in Crime No.1092 of 2014 of Payyannur Police Station for regular bail under Section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that on 23.08.2014 at about 07.30 p.m. on account of their previous enmity towards the de facto complainant, the accused in furtherance of their common intention to cause death of the de facto complainant, and his relatives Rajeevan, Pushpalatha and Kamalaskhan inflicted injuries on them with wooden stick and iron rod and thereby all of them have committed the offence punishable under Sections 324 and 307 r/w Section 34 of the Indian Penal Code.
3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same. They have been falsely implicated in the case. They are in jail from 24.08.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation is not over and if they are released on bail they are likely to influence the witnesses.
5. Heard both sides and peruse the case diary file.
6. It is seen from the case diary file that the above case was registered on the basis of the statement given by the de facto complainant who is one of the injured, against the present petitioners alleging commission of the offence under Sections 324 and 307 r/w Section 34 of the Indian Penal Code. The case of the prosecution is that they inflicted injuries on 4 persons including the de facto complainant, others and his friend who is seriously injured. The petitioners were arrested on 24.08.2014 itself. The weapons allegedly used have been recovered. The prosecutor has no case that the petitioners have involved in any other crime of similar nature earlier. They are in jail from 24.08.2014 onwards. The custody of the petitioners are not required for any more in connection with the investigation as main witnesses have been questioned and their statements have been recorded. Considering the circumstances, this court feels that bail can be granted to the petitioners with some stringent conditions.
Therefore, this application is allowed on the following conditions:
(i) The petitioners shall be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Payyannur.
(ii) The petitioners shall appear before the Investigating Officer on all Mondays and Saturdays between 09.00 a.m. and 10.00 a.m. for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
(iii) The petitioners shall appear before the Investigating Officer for the purpose of interrogation as and when required in connection with the above crime in writing him to do so till the final report is filed.
(iv) The petitioners shall not enter the jurisdiction of Payyannur Police Station except for complying with condition Nos.(i) and (ii) without getting prior permission from the Judicial First Class Magistrate Court, Payyannur till the final report is filed.
(iv) The petitioners shall not intimidate or influence the witnesses.
(v) The petitioners shall not leave Kannur District without getting prior permission either from the Judicial First Class Magistrate Court, Payyannur or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions, the bail application is allowed.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge