IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 Bail Appl..No. 3313 of 2009() ----------------------------- CRIME NO.411 OF 2009 OF HOSDURG POLICE STATION PETITIONERS/ACCUSED 1 TO 5 ---------------------------------------------- 1. T.M.SAMEER, AGED 24 YEARS (A1) S/O.KUNHAMU, T.M.HOUSE, THEKKEPURAM, AJANUR, KASARAGOD DISTRICT. 2. MUHAMMEDALI, AGED 32 YEARS, (A2), S/O.KUNHABDULLA, JAMEELA MANZIL, ATHINHAL, AJANUR, KASARAGOD DISTRICT. 3. K.M.HARIS, AGED 25 YEARS (A4) S/O.MUHAMMED, KOLAVAYAL QUARTERS, AJANUR, KASARAGOD DISTRICT. 4. A.V.JUNAIF, AGED 21 YEARS (A5), S/O.ABOOBACKER, C.P.MANZHIL, KOLAVAYAL, KASARAGOD DISTRICT. 5. P.SHANAVAS, AGED 20 YEARS (A3) S/O.HAMSA, C.P.MANZHIL, KOLAVAYAL, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING,S.H.O., HOSDURG POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3313 of 2009 ------------------------------- Dated this the 25th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 to 5 in Crime No.411 of 2009 of Hosdurg Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 332 and 308 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. The petitioners were arrested on 9.6.2009. 3. The prosecution case is that there was a clash between CPI(M) workers and IUML workers in which one IUML worker got injured. He was admitted in the hospital. When a police constable went to the hospital for recording the statement of the injured, he was prevented by several IUML workers and he was not allowed to move about. The police party came there. The mob pelted stones against the Circle Inspector of Police and he sustained injuries. It is alleged had he not shielded the pelting of stones, it would have caused his death. Section 308 is included with these allegations. 4. The learned public prosecutor submitted that all the accused were not arrested. BA No. 3313/2009 2 5. I have gone through the case diary. 6. 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. 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-I, Hosdurg, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. 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 Application is allowed as above. K.T.SANKARAN, JUDGE csl