IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Bail Appl..No. 4454 of 2008(B) ---------------------------------------- CRMP.4129/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR CRIME NO.471/2008 OF PANDALAM POLICE STATION .................... PETITIONER/ACCUSED NO.4 : ------------------------------------------ SIVAN PILLAI, AGED 45 YEARS, S/O.KUTTANPPAN PILLAI, ACKINATTETHU PADINJATTETHIL VEEDU, POOZHIKKADU MURI, PANDALAM VILLAGE. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT/COMPLAINANT/STATE : ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4454 OF 2008 ------------------------------ Dated this the 18th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 326, 307 read with Section 149 of Indian Penal Code. According to the prosecution, on 22.06.2008 at about 7.15 p.m. the petitioner along other accused formed themselves into an unlawful assembly and attacked the defacto complainant with deadly weapons like sword, iron rod etc. on the Pandalam-Mavelikkara public road. The defacto complainant sustained grievous hurt and the intention was to commit murder. 3. Learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations made. He is the 4th accused in the crime and he is in judicial custody since 23.06.2008. According to the learned counsel for the petitioner, the petitioner is not involved in this case at all. On the same date of occurrence, at about 8 p.m. while he was proceeding along the road, some CPI(M) workers assaulted him and he sustained minor injuries and he had gone to the hospital. Since the injury was not serious, he came B.A. 4454/2008 2 back on the same night. At about 4 am, on the next day (23.06.2008), a group of CPI(M) workers trespassed into the house of the petitioner and caused serious damage to the house of the petitioner and committed various offences. But the petitioner ran away from the house. He went to the police station on 23.06.2008 to give information regarding the attack on his house. At that time, the petitioner was arrested and he was implicated as the 4th accused, it is submitted. Except the above 2 crimes, there are no other crimes between the CPI(M) workers and BJP workers in the locality, it is submitted. 4. Learned counsel for the petitioner also submitted that in connection with crime No.472/2008 which was registered on the basis of a statement given by the petitioner's wife relating to the attack made on the petitioner's house, the bail petition filed by Marxist party workers was not opposed, though non bailable offence was involved. The accused who are workers of the CPI(M) were released on bail on the very next day of the arrest. 5. Learned Public Prosecutor submitted that the petitioner's name was mentioned in the First Information Statement itself and it is not correct to say that he was arrested from the police station. He B.A. 4454/2008 3 was arrested from his house. However, it is submitted that if this Court is inclined to grant bail it may be on stringent conditions. 6. After hearing both sides, I am satisfied that the petitioner can also be granted bail on stringent conditions. Hence bail is granted to the petitioner on the following terms and conditions:- (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) The petitioner shall not enter into the limits of the Police Station within which the crime is registered except for compliance of direction in Clause No.(ii) above. (iv) The petitioner shall not intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac