IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6841 of 2008() ----------------------------- CMP.4588/2008 of J.M.F.C.-I,HOSDRUG CRIME NO. 352/2008 OF CHANDERA POLICE STATION PETITIONER: ACCUSED NO.1:- ------------------------------ MOHAZIN K.P. @ MOUSEEN S/O. ISMAIL, AGED 22 YEARS,. KAAVAL PEEDIKAYIL HOUSE, MAIDANI, BAKKIRIMUKKU, ILAMBACHI, SOUTH TRIKARIPUR, KASARGOD DT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENT(S): --------------- 1. THE STATION HOUSE OFFICER CHANDERA POLICE STATION, KASARAGOD DT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6841 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of November,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 323, 324, 308 read with section 149 IPC. According to prosecution, on 6-10-2008 at about 9.30 p.m. petitioner (A1) along with 20 others formed themselves into an unlawful assembly and assaulted de facto complainant and inflicted injuries on him. Petitioner used iron rod and others used sticks. 3. Learned counsel for petitioner submitted that petitioner is in custody from 10-10-2008 onwards. 4. Learned Public Prosecutor submitted that as per the allegations, 1st accused aimed a blow on de facto complainant, which he warded off and he sustained injury on the hand. No fracture is sustained. It is also submitted that this case is an off shoot of political rivalry between workers of I.U.M.L. and C.P.I.(M). Petitioner is involved in another crime also. However, learned Public Prosecutor submitted that he has no objection in granting bail by imposing stringent conditions. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each BA 6841/08 -2- for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not enter the limits of the police station within which the crime is registered except for compliance of direction in condition (1). 3) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.