IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Bail Appl..No. 3237 of 2010() --------------------------------- CMP.3342/2010 of J.M.F.C.,KASARAGOD CRIME NO. 172/2010 BADIADKA POLICE STATION .................... PETITIONERS/ACCUSED : ----------------------------- 1. SIDDIQUE @ ABOOBACKER SIDDIQUE @ MANGAMOODU SIDDIQUE, AGED 32 YEARS, S/O. YUSUF, RESIDING AT SOOFIYA MANZIL, BADURIYA NAER, KOIPPADI VILLAGE, KASARAGOD DISTRICT. 2. MURALI @ MURALEEDHARAN, AGED 30 YEARS, S/O. RAMANKUTTY NAIR, RESIDING AT KRISHNAKRIPA HOUSE, NEAR GOPALAKRISHNA THEATRE, KOIPPADI VILLAGE, KASARAGOD DISTRICT. 3. NIYAS @ ABDUL NIYAS, AGED 32 YEARS, S/O. SULAIMAN(LATE), RESIDING AT FISHERIES COLONY, KOIPPADI VILLAGE, KASARAGOD DISTRICT. 4. ALI, S/O. SULAIMAN(LATE), RESIDING AT FISHERIES COLONY, KOIPPADI VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: --------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER BADIADKA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3237 of 2010 ------------------------------------ Dated this the 4th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 332, 427, 307 read with Section 149 of the Indian Penal Code. According to prosecution, petitioners (A1 to A4) along with others pelted stones against the Sub Inspector of Police and party. The Sub Inspector and police constable sustained injury while they were discharging their official duty. A procession was conducted by the workers of CPI(M) and on seeing a car of a Congress worker parked by the side of the road, stones were pelted at it. The police tried to interfere and workers of CPI(M) as well as the Congress party pelted stones at the police. 3. Learned counsel for petitioners submitted that first petitioner is a victim and he sustained injury. In respect of the same incident, two crimes are registered. Since stones were pelted at the first petitioner and others, on a statement given by the victim, another crime was also registered, petitioner was questioned as a witness in that case. It is true that petition for bail was dismissed by this court in respect of some of the B.A. No. 3237 of 2010 2 accused, but petitioners are not accused in that case. 4. Learned Public Prosecutor at the outset submitted that petitioner is an accused in crime No.172/2010 of Badiadka Police Station and certain accused in the same crime filed applications for bail and anticipatory bail and this court after considering the rival contentions dismissed the applications as per order dated 28.05.2010 in B.A. Nos. 3018/2010 and 3105/2010. It is not correct to say that the said bail applications do not relate to this case. It is also submitted by him that in Kasargod District political clashes are common and police officials are at receiving end and many incidents occurred in which police is attacked. If the relief is granted in this petition, it will send a wrong message to the public, it is submitted. 5. On hearing both sides, on considering the various aspects pointed out by learned Public Prosecutor and serious nature of the allegations made, I find that it is not fit to grant bail to accused at this stage. However, taking into account the injury sustained by first accused (nasal bond fracture as B.A. No. 3237 of 2010 3 evidenced by Annexure-E) and his physical condition. I find that he can be granted bail on stringent conditions. He was in custody for the past 21 days. Hence the following order is passed: 1. Prayer for bail by accused nos. 2 to 4 is rejected. 2. First accused(first petitioner) shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) First accused shall not enter Kasaragod District. ii) First accused(first petitioner) shall report before the Superintendent of Police, Kannur on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. iii) First accused(first petitioner) shall not influence or intimidate any witness or tamper with the evidence. B.A. No. 3237 of 2010 4 iv) In case, first accused(first petitioner) is involved in any similar offence, bail is liable to be cancelled. This petition is partly allowed. K. HEMA, JUDGE ln