IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1662 of 2008() ----------------------------- CRIME NO.52/08 OF EDACHERY POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- SHARAFUDHEEN, THERUVAKKAL HOUSE, S/C AHAMMED, POOZHITHALA, VATAKARA TALUK. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL SRI.SAVEENA M.V. RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, EDACHERY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1662 OF 2008 ------------------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for regular bail. The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Secs.153A and 326 of the IPC. Seven named accused and 10 others are shown as accused in the F.I.R. The petitioner is not named in the F.I.R. The incident took place on 23/1/08. None of the named accused has been arrested so far. The petitioner, who was brought on the array as the 8th accused, was arrested on 28/1/08 and he continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has been brought on the array of accused subsequently without any justifiable reason. In any event, the petitioner, who has remained in custody from 28/1/08, may now be enlarged on bail subject to B.A. No. 1662 OF 2008 -: 2 :- appropriate terms and conditions, it is rayed. 3. The learned Public Prosecutor does not oppose the application; but submits that appropriate conditions may be imposed and safeguards insisted in the interests of the maintenance of law and order. With an explosive law and order situation in the locality, many cases have been registered in connection with the incident. The accused persons are alleged to have intimidated and threatened the Hindus in the locality. Marad massacre will repeat, they threatened, it is alleged. 4. I am satisfied that the petitioner can be granted bail subject to appropriate conditions. Such conditions can be imposed which shall allay the apprehensions aired by the learned Public Prosecutor. 5. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays and B.A. No. 1662 OF 2008 -: 3 :- Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (iii) During the said period of three months the petitioner shall not enter the Sessions Division of Kozhikode without the prior permission of the learned Magistrate except for the purpose of complying with Condition No.(ii) above. (R. BASANT, JUDGE) Nan/