IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Bail Appl..No. 4319 of 2010() ----------------------------- (CRIME NO.214/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR) PETITIONERS/ACCUSED NO. 15, & 16 ---------------------------------------------------- 1. MUHAMMED ASHRAF, S/O. KHALID, AGED 42, PUTHIYA VEETTIL HOUSE, KORAMPEEDIKA, PARIYARAM AMSOM, TALIPARAMBA TALUK, KANNUR DIST. 2. UNAIZ.M.V. S/O. ABDUL SALAM, AGED 26 YEARS, KADALAN VALIYOTTU HOUSE, KORANPEEDIKA, PARIYARAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE REP. BY S.I. OF POLICE, PARIYARAM MEDICAL COLLEGE POLICE KANNUAR DISTRICT. (CRIME NO. 214/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.4319 of 2010 ------------------------------------ Dated this the 16th day of August, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 448, 427, 435, 395 read with Section 149 of I.P.C. According to prosecution, on 31/05/2010, at about 3 A.M, petitioners (A15 and A16) along with other accused formed themselves into an unlawful assembly and trespassed into the Super Market owned by de facto complainant and committed theft of articles worth Rs.3,00,000/- and set fire to articles worth Rs.2,00,000/-. The incident happened due to political rivalry. 3. Petitioners were arrested on 29/06/2010 and 30/06/2010 respectively. They are in custody for the past 49 and 48 days respectively. Learned Public Prosecutor submitted that taking into account the limited allegations made against petitioners, he has no objection in granting bail, but, stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: B.A. No.4319 of 2010 2 i) Petitioners shall report before the Investigating Officer on every alternate day between 10 A.M. and 1 P.M. ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, their bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE vdv