Bail Appl./8630/2013 of PRASHOB Vs STATE OF KERALA on 27 December 2013

O R D E R

These petitions are filed under Section 439 of theCode of Criminal Procedure for bail.

2. Heard the learned counsel appearing for thepetitioners and the learned Public Prosecutor appearing for therespondent.

3. The petitioner in B.A. No.8639 of 2013 is accusedNo.99 and the petitioner in B.A. No.8630 of 2013 is accusedNo.111 in Crime No.1637 of 2013 of Kannur Town PoliceStation. The offences alleged are under Sections 120B, 143,147, 148, 341, 332, 353, 324 and 307 r/w Section 149 of IPCand under Section 3(1) of the Prevention of Damage to PublicProperty Act. The petitioner in B.A. No.8639 of 2013 wasarrested by the Police on 23.11.2013 and the petitioner in B.A.No.8630 of 2013 was arrested on 11.12.2013. They wereproduced before the court. They were remanded to judicialcustody. They continue to be in custody. Learned counsel forthe petitioners submit that the petitioners are innocent of theallegations raised against them. They have no criminalantecedents. Their custodial interrogation was over. The

B. A. Nos. 8630 & 8639 of 2013 2

investigation of the case has progressed much. About 90accused in this case were already granted regular bail. Theyfurther submit that the continued custody of the petitioners isnot required for completing investigation.

4. Learned Public Prosecutor, on instructions, submitsthat the investigation of the case has progressed much. Healso submits that no criminal antecedents have been reportedagainst the petitioners. On considering the facts andcircumstances, stage of the investigation, the period thepetitioners have already spent in jail and the fact that manyaccused in this case were already granted regular bail, thisCourt is satisfied that the petitioners can also be granted bailimposing appropriate conditions. Therefore, the petitioners aregranted bail subject to the following conditions:

1) The petitioners shall be released on bail on theirexecuting bonds for Rs.25,000/- (Rupees Twenty FiveThousand only) each with two solvent sureties each forthe like sum to the satisfaction of the concernedMagistrate's Court.

2) The petitioners shall report before theInvestigating Officer between 9 a.m. and 11 a.m. on allFridays for a period of two months.

B. A. Nos. 8630 & 8639 of 2013 3

3) The petitioners shall not directly or indirectly make any inducement, threat or promise to any personacquainted with the facts of the case so as to dissuadehim or her from disclosing such facts to the Court or toany Police Officer.

4) The petitioners shall make themselves available for interrogation as and when required by theInvestigating Officer.

5) The petitioners shall not influence or intimidatethe prosecution witnesses nor shall they attempt totamper with the evidence for the prosecution.

6) The petitioners shall not commit any similaroffences while on bail.

7) The petitioners shall not leave India without theprevious permission of the concerned Magistrate'sCourt/Sessions Court.

These applications are allowed as above.

Sd/-

BABU MATHEW P. JOSEPH

JUDGE