IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Bail Appl..No. 7001 of 2008() ----------------------------- CMP.3190/2008 of J.M.F.C.-II, KANNUR .................... PETITIONER ------------------- SAFEER, S/O MAMMIKUNHI, AGED 22 YEARS, MANAL HOUSE, PAPPINISSERY, KANNUR. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): -------------------------- 1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VALAPPATTANAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ================== B.A.No.7001 of 2008 ================== Dated this the 19th day of November, 2008. O R D E R This petition is for bail. 2. The alleged offences are under Sections 143,147,148, 341, 324, 307 read with 149 of the Indian Penal Code. According to prosecution, petitioner who is ninth accused along with other accused formed into an unlawful assembly and wrongfully restrained de facto complainant and assaulted him with intention to commit his murder. Sword and iron rod were used in the offence. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. This case is an off-shoot of a political rivalry. Petitioner's name was mentioned as an accused on a mistaken impression. The co- accused (accused nos.6, 7, 8 and 10) were granted bail as per order in B.A.No.6281 of 2008. Hence learned public prosecutor submitted that he has no objection in granting bail on the same conditions. Hence, bail is granted to petitioner on the following terms B.A.No.7001 of 2008 -2- and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1.p.m. until further orders. (iii) Petitioner shall not enter the limits of police station within which crime is registered except for compliance of direction in clause No.(ii). (iv) Petitioner shall not intimidate any witness or tamper with evidence or 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 rhs