IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Bail Appl..No. 7179 of 2008() ----------------------------- CRIME NO.408/2008 OF KOLAVALLUR POLICE STATION .................... APPLICANTS/ACCUSED NO.1 & 2:- ------------------------------------------------- 1. FARIS, S/O.KUNHUMUHAMMED, KIZHAKKE THAIPARAMBATH, CHEKIYAD AMSOM, PARAKKADAVU DESOM, P.O. PARAKKADAVU. 2. B.P. FIRDOSE, S/O. KUNHAMMADKUTTY, CHEKKIYAD AMSOM, PARAKKADAVU DESOM, P.O. PARAKKADAVU. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP. THE CI, KOLAVALLUR, PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7179 of 2008 --------------------------------------------- Dated this the 21st November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 153,(A) and 332 read with Section 149 IPC. According to prosecution, petitioners (A1 and A2) along with other accused (50 persons in total) pelted stones at the police party and they shouted that members of the Hindu community must be done away with and also raised slogans which are sufficient to cause communal tension in the locality. 3. Learned counsel for petitioners submitted that petitioners are totally innocent of the allegations made. They were two pedestrians who came along that way when the incident happened. They are innocent. The incident is not as serious as inflated by the prosecution, it is submitted. 4. Petitioners are in custody from 1.11.2008 onwards and learned public prosecutor submitted that he has no objection in granting bail on stringent conditions. Hence, bail is granted to the petitioners on the following BA No.7179/2008 2 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. (ii) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not enter the limits of police station within which crime is registered except for compliance of direction in clause no.(ii) above. (iv) Petitioners shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl