IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 7194 of 2009 CRIME NO.707 OF 2009 OF TALIPARAMBA POLICE STATION, KANNUR PETITIONERS/ACCUSED 9 TO 11 ----------------------------------------------- 1. MUHAMMED ASLAM.P.K. S/O. MOIDEEN KUTTY, AGED 23 YEARS, PILAVINTE KEEZHIL, PULIMPARAMBA TALIPARAMBA.P.O., TALIPARAMBA AMSOM, KANNUR DIST. 2. ABDUL LATHEEF, S/O. IBRAHIM, AGED 19 YEARS, CHIRAYIL HOUSE, TALIPARAMBA.P.O., TALIPARAMBA AMSOM, KANNUR DISTRICT. 3. ABID.C., S/O., USMAN, AGED 23 YEARS, CHULLIYODAN, KIDANGINTAKATH, SYED NAGAR, TALIPARAMBA.P.O., TALIPARAMBA AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT: COMPLAINANT -------------------------- STATE THROUGH THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION KANNUR DISTRICT (CRIME NO.707/2009 OF TALIPARAMBA POLICE STATION KANNUR DISTRICT.) REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, ALONGWITH B.A.NO.7197 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.7194 & 7197 OF 2009 ------------------------------------------------------ Dated this the 15th day of December, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. Accused Nos.1 to 8 in Crime No.707 of 2009 of Taliparamba Police Station are the petitioners in B.A.No.7197 of 2009. Accused Nos.9 to 11 in the same crime are the petitioners in B.A.No.7194 of 2009. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 342, 307, 332, 333, 395 and 427 read with Section 149 of the Indian Penal Code and Section 3(2) of the PDPP Act. 3. The prosecution case is that on 15.11.2009 at about 5 PM, when the police party was patrolling in the disputed area in Taliparamba, where clashes between the workers of Communist Party of India (Marxist) and of the Indian Union Muslim League were rampant, the accused persons, 45 in number, came on fifteen motor B.A. NOs. 7194 & 7197 OF 2009 :: 2 :: bikes and attacked the police party. One Assistant Sub Inspector of Police sustained serious injuries resulting in a fracture. Others also sustained injuries. A police jeep was destroyed by the accused. The wireless set and the official mobile phone were robbed away by the accused. 4. Accused Nos.1 to 8 were arrested on 19.11.2009, while accused Nos.9 and 10 were arrested on 20.11.2009 and accused No.11 was arrested on 21.11.2009. They were remanded to judicial custody. 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 on stringent conditions. 6. 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: B.A. NOs. 7194 & 7197 OF 2009 :: 3 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays and Wednesdays for a period of two months and thereafter, on all Wednesdays, 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 Applications are allowed as above. (K.T.SANKARAN) Judge ahz/