IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Bail Appl..No. 4318 of 2010(U) ------------------------------ CRIME NO.215/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DIST. (S): PEITIONERS/ACCUSED -------------------------------------- 1. UMAIR @ UMMER, S/O. AHAMMED, AGED 38, MADALAM VALLIYOTTU HOUSE, KORANPEEDIKA, PARIYARAM AMSOM, KANNUR DISTRICT. 2. UNAIZ M.V., S/O. ABDUL SALAM, AGED 26 YEARS, MADALAN VALLIYOTTU HOUSE, KORANPEEDIKA, PARIYARAM AMSOM TALIPARAMBA TALUK KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT -------------------------- STATE THROUGH PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT (CRIME NO.215/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION KANNUR DISTRICT), REPRESNTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2010, ALONG WITH B.A.4786/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application Nos.4318 & 4786 of 2010 ---------------------------------------------- Dated 20th August, 2010. O R D E R These petitions are for bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 427 and 307 read with Section 149 of the Indian Penal Code. According to prosecution, on 31.5.2010 at about 3.30 p.m., petitioners (accused nos.14, 10 and 16) ) along with others formed themselves into an unlawful assembly and committed house trespass into the house of defacto complainant and destroyed the window glasses, chairs etc. and attacked the son of defacto complainant with intention to kill him and he was seriously injured. 3. Learned counsel for accused no.14 (petitioner in B.A.4786/10) submitted that petitioner's name was not mentioned in the FIR. He was arrested on 24.7.2010 and he is in custody for the past 27 days. He was not present at the scene. From 28.5.2010 up to 1.6.2010, accused no.14 along with his friends had gone to Alapuzha, hiring a taxi and on the date of occurrence, he was in a house boat at Alappuzha. Petitioner was BA Nos.4318 & 4786/10 2 implicated in crime no.196/10 also and in the said case, petitioner produced photographs taken in the house boat and camera details, receipts etc. and this court was pleased to grant bail to the petitioner in the said crime. It is also submitted that some of the co-accused (accused nos.8, 9, 11, 12 and 13) were granted bail by this court. 4. Learned counsel for accused nos.10 and 16 (petitioners in B.A.4318/10) submitted that co-accused (accused nos.8, 9, 11, 12 and 13) were granted bail by another bench of this Court and hence, petitioners may also be granted bail. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and BA Nos.4318 & 4786/10 3 Saturday between 10 a.m. and 1 p.m., until further orders. (ii) Petitioners shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition no.(i) (iii) In case petitioners are involved in any offence of similar nature, bail is liable to be cancelled. Petitions are allowed. K.HEMA, JUDGE. tgs