IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Bail Appl..No. 3611 of 2008() ----------------------------- CRIME NO. 214/2008 OF KASARAGOD POLICE STATION PETITIONERS/ACCUSED ------------------------------------ MOHAMMED THESHARIF @ HESHARAF, AGED 19/2008, S/O.N.A.MOIDEEN, THAJUDEEN MANZIL, R.D.NAGAR, KUDLU GRAMAM, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------ Bail Appl.No.3611 of 2008 ------------------------------------------ Dated this the 10th day of June, 2008. ORDER Petition for bail. 2. Petitioner is the 3rd accused in a crime registered under Sections 143, 147, 148, 341, 324, 308, 153(A) and 149 of IPC ,on the allegation that the petitioner and others formed into an unlawful assembly with deadly weapons and assaulted the de facto complainant and his friends with wooden stick etc. Petitioner is in custody from 22.5.2008. 3. Learned counsel for the petitioner pointed out that accused No.7 was granted bail. The allegation made against petitioner and A7 are more or less similar. They have not used any weapons against the de facto complainant, it is submitted. In such circumstances, bail cannot normally be refused to the petitioner. 4. However, learned Public Prosecutor opposed this bail application and stated that there will be communal clash if bail is granted. [B.A.3611/08] 2 5. On hearing both sides, I find that bail can be granted to the petitioner on condition. Hence, the following order is passed: (i) The petitioner shall released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the lower court. (ii) The petitioner shall report before the investigating officer on every Saturday and Sunday between 10 A.M. and 1 P.M. until further orders. (iii) The petitioner shall not enter the limits of the police station within which the incident occurred except for complying with the direction under clause (ii) of this order. (iv) Petitioner shall not threaten or intimidate any witnesses and in case there is breach of this this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.