IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 914 of 2010() ---------------------------- CRIME NO.803/2009 OF TALIPARAMBA POLICE STATION .................... PETITIONERS : ACCUSED 2, 7, 8, 9 & 10 --------------------------------------------------------- 1. RAJESH.A, S/O.KRISHNAN, AGED 32 YEARS, AKKIPARAMBATH HOUSE, CO-OPERATIVE WORKER, KUTTIYERI AMSOM, THALORA. 2. PRAKASHAN.T, S/O.RAGHAVAN, AGED 28 YEARS, TODDY TAPPER, THIDIL HOUSE, THALIPARAMBA AMSOM, KOOVODE P.O., KUTTIKKOL. 3. PRADEEPAN.C, S/O.KUNHIRAMAN, AGED 33 YEARS, TODDY TAPPER, CHERICHAL HOUSE, THALIPARAMBA AMSOM, KOOVODE P.O., KUTTIKKOL. 4. P.K.RAJESH, S/O.KUNHIKANNAN, AGED 31, POOKULANGARA HOUSE, CO-OPERATIVE WORKER, KANIKUNNU, THALIPARAMBA AMSOM, KUPPAM P.O. 5. M.SHYJITH, S/O.PRABHAKARAN, AGED 35, DRIVER, AISWARYA, MUDACHATHI HOUSE, KEEZHATTOOR, THALIPARAMBA. BY ADV. SMT.M.R.JAYALATHA RESPONDENT(S): --------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.914 of 2010 --------------------------------------------- Dated this the 18th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 7, 8, 9 and 10 in Crime No.803 of 2009 of Taliparamba Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 153 and 436 read with Section 149 of the Indian Penal Code. 3. It is stated that there was a series of clashes between workers of two political parties, namely, Communist Party of India (Marxist) and Indian Union Muslim League. The allegation is that the accused persons set fire to three motor bikes and a car. Accordingly, four crimes were registered against the petitioners and others. 4. As per the order dated 21st January, 2010 in Bail Application No.258 of 2010, bail was granted to accused No.6. It is submitted that in respect of the connected cases, bail was BA No.914/2010 2 granted by this Court to the accused persons. 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. 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: 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 surrender their passports before the Judicial Magistrate of the First Class, Taliparamba within a period of one week from today. If any of the petitioners does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.914/2010 3 e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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