Bail Appl./8719/2013 of YAHIYA Vs STATE OF KERALA on 27 December 2013

O R D E R

This petition is filed under Section 439 of the Codeof Criminal Procedure for bail.

2. Heard the learned counsel appearing for thepetitioner, learned Public Prosecutor appearing for therespondents 1 and 2 and the learned counsel appearing for theadditional 3[rd] respondent. Case Diary produced.

3. The petitioner is the 2[nd] accused in Crime No.1009of 2013 of Shornur Police Station. The offences alleged areunder Sections 143, 147, 342, 506(i), 323, 452 and 308 r/wSection 149 of IPC. The petitioner was arrested by the policeon 13.12.2013 and produced before the court. He wasremanded to judicial custody. He continues to be in custody.Learned counsel for the petitioner submits that the petitioner isinnocent of the allegations raised against him. Theinvestigation of the case is almost over. The custodialinterrogation of the petitioner was also over. Accused 1 and 3were already granted regular bail by this Court as per orderdated 13.12.2013 on B.A. No.8304 of 2013. He further submitsthat the continued custody of the petitioner is not required for

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completing investigation.

4. Learned Public Prosecutor has opposed this petition.Case Diary shows that the investigation of the case hasprogressed much. Learned counsel for the additional 3[rd]respondent submits that the accused in this case havecommitted the offences after violating the police protectiongranted by this court in favour of the additional 3[rd] respondent.Therefore, he strongly opposes this bail application. Onconsidering the facts and circumstances, stage of theinvestigation, the period the petitioner has already spent in jailand the fact that the accused 1 and 3 in this case were alreadygranted regular bail, this court is of the view that the petitionercan also be granted regular bail by imposing appropriateconditions. Therefore, the petitioner is granted regular bailsubject to the following conditions:

1) The petitioner shall be released on bail on hisexecuting a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) with two solvent sureties each for the likesum to the satisfaction of the concerned Magistrate'sCourt.

2) The petitioner shall report before theInvestigating Officer between 9 a.m. and 11 a.m. on all

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Fridays for a period of two months.

3) The petitioner shall not directly or indirectlymake 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 petitioner shall make himself available forinterrogation as and when required by the InvestigatingOfficer.

5) The petitioner shall not influence or intimidatethe prosecution witnesses nor shall he attempt to tamperwith the evidence for the prosecution.

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

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

This application is allowed as above.

Sd/-

BABU MATHEW P. JOSEPH, JUDGE.