IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 6988 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6645/2008 Dated 30/10/2008 CRIME NO. 431/2008 OF KOTTAKKAL POLICE STATION PETITIONERS/ACCUSED NOS.1,3,4,5,6,7,8,9 & 10 ---------------------------------------------------------------- 1. AMARAYIL SUFIYAN, AGED 41 YEARS, S/O.ALAVIKUTTY HAJI, AMARAYIL HOUSE, KOTTAKKAL AMSOM, KUTTIPPURAM DESOM, TIRUR TALUK, MALAPURAM DISTRICT. 2. PALLIPPURAM YOOSAF HAJI, AGED 52 YEARS S/O.KUNHALI HAJI ALLIPPURAM HOUSE, KOTTAKKAL AMSOM, KUTTIPPURAM DESOM, TIRUR TALUK, MALAPURAM DISTRICT. 3. PALLIPPURAM NAVAS, AGED 27 YEARS, S/O.YOOSAF HAJI,PALLIPPURAM HOUSE, KOTTAKKAL AMSOM, KUTTIPPURAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 4. PALLIPPURAM IBRAHIMKUTTY, AGED 32 YEARS,S/O.KUNHALI HAJI, KOTTAKKAL AMSOM KUTTIPPURAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 5. THAYYILSAIDALAVI HAJI, AGED 55 YEARS, S/O.ENU, THAYYIL HOUSE, KOTTAKKAL AMSOM KUTTIPPURAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 6. MUJEEB RAHMAN, S/O.MOHAMMED, PALLIPPURAM HOUSE, KOTTAKKAL AMSOM, KUTTIPPURAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 7. ABDU HAJI, S/O. MAMMU HAJI, PALLIPPURAM HOUSE, KOTTAKKAL AMSOM, KUTTIPPURAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 8. MOIDEENKUTTY, S/O.ENU, THAYYIL HOUSE, KOTTAKKAL AMSOM, KUTTIPPURAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. S.I. OF POLICE KOTTAKKAL POLICE STATION 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No.6988 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 341, 307, 324, 302 read with section 149 IPC. According to prosecution, there was a dispute between two groups regarding the presidentship of the mosque committee. On the crucial day there was a quarrel between them in the mosque on this and following the quarrel, petitioners along with other accused attacked de facto complainant and others using knives, iron rod, stick, etc. De facto complainant's two brothers were murdered. Four other persons were injured in the incident. 3. Accused 1, 3, 4, 5 and 7 were arrested on 4-9-2008, accused 6 and 9 were arrested on 6-10-2008 and 10th accused was arrested on 30-8-2008. Learned counsel for petitioners submitted that petitioners are in jail for a very long time. It is also submitted that various accused in this case also sustained serious injuries in the course of the same incident and they were hospitalized. According to petitioners, incident happened while the 2nd accused (who was subsequently deleted from the array of the accused) was taking water from the mosque. He filed a BA 6988//08 -2- complaint, based on which, Crime No.432/2008 was registered against de facto complainant in this case and various others for assaulting him and many of the accused in this case. But, the accused in that case are at large and not arrested so far. 4. It is pointed out that a car in which de facto complainant and others were travelling was found to contain some weapons and that will indicate that de facto complainant and others were carrying weapons. It is also submitted that petitioners are prepared to abide by any condition and they will not enter the limits of police station which which the crime is registered. Petitioners had sustained serious injuries including penetrating wound, etc. Hence, they may be granted bail, it is submitted. 5. This petition is strongly opposed. Learned public prosecutor submitted that these cases involve a quarrel between two factions in which two persons succumbed to the injuries sustained in the incident. Four persons were injured and they were hospitalized. Deadly weapons were used for the offence by both sides and another case was also registered for offence under section 307 IPC etc. But, it is not correct to say that the police was inactive in not arresting the accused in the counter case. They were injured and hospitalized. BA 6988//08 -3- 6. The submission made by petitioners counsel itself reveals that in connection with this incident both sides were injured. It is pointed out by learned Public Prosecutor. If the petitioners are released on bail, it is likely that there will be more bloodshed. The opposite group will be waiting for the release of petitioners to retaliate and in such case, there will be law and order problem in the locality. There is already a tensed situation in the locality, though apparently it appears to be calm, learned Public Prosecutor submitted. 7. On hearing both sides, it appears that there were attacks by two groups against each other and both were using weapons at the premises of a mosque. However, 10th accused was in judicial custody from 30-8-2008 onwards for the past 85 days. The charge sheet is not submitted so far. If 90 days are completed, he will be entitled to statutory bail. His name is not mentioned in the F.I.R. and no overt act is attributed to him as per the allegations in the F.I.R. In such circumstances, I find that 10th accused can be granted bail on stringent conditions but, I am not inclined to grant bail to other accused. 8. In the result, the following order is passed. 1)The 10thaccused is granted bail on his executing a bond BA 6988//08 -4- for Rs.1 lakh with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate concerned, on the following conditions:- i) He shall report before the Superintendent of Police, Malappuram on every alternate day between 10 a.m. and 1 p.m. until further orders. ii) He shall not enter the limits of the police station within which the crime is registered. iii) He shall surrender his passport, if any , before the Magistrate Court concerned within seven days from his release on bail. If he has no passport, he shall file an affidavit to that effect before the Magistrate Court, within seven days from today. iv) He shall reside at a place lying within a radius of 3 k.m. from the office of the Superintendent of Police. BA 6988//08 -5- v) He shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. 2) The prayer for bail by other accused is rejected. This petition is partly allowed. K.HEMA, JUDGE. mn. B