Grant of bail with stringent conditions to prevent recurrence of serious offences.

1. These applications are preferred by accused Nos. 5 and 4, respectively in Crime No. 1548 of 2013 of the Njarakkal police station for the offences punishable under Secs.143, 144, 148 and 302 r/w. Sec.149 of the Penal Code. They are in custody since 25.09.2013 and seek bail.

2. Case is that on 24.09.2013 at about 09:35 p.m., the petitioners along with other accused formed unlawful assembly and in prosecution of the common object of that unlawful assembly, caused death of the deceased with deadly weapons like sword, etc.

3. Learned Public Prosecutor while opposing the application has submitted that investigation of the case is not completed.

4. Since the petitioners are in custody from 25.09.2012 and their further detention is not required for interrogation, I am inclined to grant bail but subject to stringent conditions to prevent recurrence of such incidents in the locality.

Resultantly, applications are allowed as under:

Petitioners/accused 4 and 5 are granted bail in Crime No. 1548 of 2013 of the Njarakkal police station and will be released, if not required to be detained otherwise on their executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each 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 each of the petitioner.

b) Petitioners shall surrender their passport before the Investigating officer while executing the bail bond and in case they have none file affidavit to that effect.

c) Petitioners shall report to the SHO, Munambam police station on every Tuesday and Saturday between 04:00 p.m. and 05:00 p.m. until otherwise ordered by the jurisdictional magistrate (until committal and thereafter by the learned Principal Sessions Judge concerned) .

d) Petitioners shall report to the investigating officer as and when required for interrogation.

e) Except appearance before the investigating officer or to attend any court (or before any other authority as per order in writing), petitioners shall not until otherwise ordered and except with the permission of the jurisdictional magistrate or the learned Principal Sessions Judge as aforesaid, either enter local limits of the Njarakkal police station or go beyond Ernakulam District.

f) Petitioners shall not get involved in any offence during the period of this bail.

g) Petitioners shall not intimidate/influence the witnesses.

h) It is made clear that in case any of conditions Nos. (c) to (g)is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate or the learned Principle Sessions Judge as aforesaid, as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).

i) If the passports are surrendered and it is required to be released for any other purpose, petitioners may move the learned magistrate for such release.