IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Bail Appl..No. 6425 of 2008() ----------------------------- CRIME NO.251/08 OF UPPATHARA POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. RAJEEV, S/O.JOY, KARITHADATHIL VEEDU, VEDIKUZHY BHAGOM, KOLAHALAMEDU KARA, VAGAMON VILLAGE. 2. NISANTH, S/O.CHANDRAN, VENNAMATHATHIL VEEDU, 2ND DIV.BHAGOM, KOTTAMALA KARA, VAGAMON VILLAGE. 3. JOMON @ RATHEESH, S/O.DAS, MALANIRAPPEL VEEDU, 2ND DIV.BHAGOM, KOTTAMALA KARA, VAGAMON VILLAGE. 4. JAYAN @ NASEER, S/O.KUTTAPPAN, AISWARYA BHAVAN, PAZHAYA CHANTHA BHAGOM, VAGAMON KARA, VAGAMON VILLAGE. 5. PRADEEP, S/O.GOPALAN, ARUVIKUNNEL VEEDU NARAKAKUZHY BHAGOM, KOTTAMALA KARA, VAGAMON VILLAGE. 6. SATHEESH, S/O.SUKUMARAN, MALIACKAL VEEDU PAZHAYA CHANTHA BHAGOM, VAGAMON KARA, VAGAMON VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, UPPUTHARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6425 of 2008 ----------------------------------------- Dated this the 17th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 144, 17, 148, 452, 353 read with 149 of the Indian Penal Code. According to prosecution, petitioners formed into an unlawful assembly, trespassed into the premises of a community health centre and attacked three patients, who were admitted in the hospital and destroyed the cots, stools, bed-side boxes etc. and caused a loss of Rs.5,000/- to the Government. 2. The incident happened on 28.9.2008 and the petitioners were arrested on 4.10.2008. Learned Public Prosecutor submitted that political reasons are caused for the incident and he has no objection in granting bail, but stringent conditions may be imposed. Hence, bail is granted to the petitioners on the following terms and conditions: i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.6425/08 2 ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioners shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.