IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 7211 of 2009 CRIME NO.706 OF 2009 OF TALIPARAMBA POLICE STATION, KANNUR. PETITIONERS/ACCUSED NO.1 TO 8 1. JABIR.P., S/O.ABDULLA, AGED 22 YEARS, 'AMINAS', ARIYIL P.O., PATUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. IBRAHIM, S/O.ABDULLA, AGED 30 YEARS, ACHEERAKATH HOUSE, ARIYIL P.O., PATUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. ASHRAF, S/O.ABDULLA, AGED 26 YEARS, AVARAKKAL HOUSE, ARIYIL P.O., PATUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. MUHAMMEDALI, S/O.ASSAIN, AGED 19 YEARS, KALATHIL KOZHAKKAL HOUSE, ARIYIL P.O., PATUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 5. SAJEER, S/O.SHAJAHAN, AGED 19 YEARS, MOTTAMMAL KUTHIRAPPURAM HOUSE, ARIYIL P.O., PATUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 6. NOUSHAD, S/O.ASSAINA, AGED 27 YEARS, KALLINKEEL HOUSE, ARIYIL P.O., PATUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 7. SHAHUL HAMEED, S/O.ABDULRAHIMAN, AGED 25 YEARS, TAYILE PURAYIL HOUSE, ARIYIL P.O., PLATUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 8. MUSTHAFA, S/O UMMER, AGED 25 YEARS, KANATHIL KALATHIL, ARIYIL P.O., PATUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT: COMPLAINANT STATE,THROUGH THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION,KANNUR DISTRICT(CRIME NO.706/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, ALONGWITH B.A.NO.7196 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.7211 & 7196 OF 2009 ------------------------------------------------------ Dated this the 15th day of December, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. Accused Nos.1 to 8 in Crime No.706 of 2009 of Taliparamba Police Station are the petitioners in B.A.No.7211 of 2009. Accused Nos.9 to 11 in the same crime are the petitioners in B.A.No.7196 of 2009. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 307, 332, 395 and 427 read with Section 149 of the Indian Penal Code and Section 3(2)(c) of the PDPP Act. 3. The gist of the prosecution case is the following: A tense situation was prevailing in Chenayannur at Taliparamba on account of the clashes between the workers of Communist Party of India (Marxist) and the Indian Union Muslim League. The police party were taking a vigil over the area. On 15.11.2009 at 4.30 PM, 45 persons belonging to Muslim League came on fifteen motor bikes. B.A. NOs. 7211 & 7196 OF 2009 :: 2 :: The police party intercepted those vehicles. At that time, the aforesaid 45 persons attacked the police party with deadly weapons, resulting in the police officers sustaining injuries. It is also alleged that those persons destroyed a police jeep. 4. Accused Nos.1 to 8 were arrested on 19.11.2009, while accused Nos.9 and 10 were arrested on 20.11.2009 and accused No.11 was arrested on 21.11.2009. They were remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, subject to the following conditions: B.A. NOs. 7211 & 7196 OF 2009 :: 3 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter, on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/