IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Bail Appl..No. 3950 of 2008() ----------------------------- CMP.2987/2008 IN CRIME NO.307/08 OF KASARAGOD POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 4:- -------------------------------------------- 1. SANTHOSE NAIK @ BAJASANTHU, S/O BABU NAIK, AGED 21 YEARS, GUDDE TEMPLE RD, KUDLU GRAMAM, 2. K.SHIVAPRASAD @ SHIVAN, S/O MALINAKAN, AGED 23 YEARS, ADKUKATHABAYAL. 3. AJITH @ AJJU S/O RAGHAVAN,AGED 20 YEARS, AYYAPPA NAGAR, KUDLU VILLAGE. 4. KISHOR, S/O BEEDI MADHAVAN, ADUKATHABAYAL, QUARTERS OF USMAN. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE --------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.3950 of 2008 -------------------------------------------------- Dated this the 14th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 341, 302 and 153A read with Section 34 IPC. The petitioners are accused Nos. 1 to 4 in the crime. According to the prosecution, due to communal enmity, petitioners in furtherance of common intention, wrongfully restrained the father of the defacto complainant and stabbed on his chest and neck with knife. 3. Learned counsel for the petitioners submitted that the names of the petitioners were not mentioned in the First Information Statement. The incident occurred on 18.4.2008 and they were implicated as per a subsequent report and they were arrested on 2.5.2008. The petitioners are innocent and they are implicated falsely only because they are RSS workers in the locality. 4. Learned public prosecutor submitted that it is likely that there will be disharmony in the locality because this case is an off shoot of a communal rivalry between two groups, but he has no objection in granting bail by imposing conditions to see that the BA No.3950/08 2 law and order situation in the locality is not disturbed. 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. (ii) Petitioners shall report before the Superintendent of Police, Kasaragod (or any officer who may be deputed by the S.P. for this purpose) on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not enter the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. (iv) Petitioners shall not threaten or intimidate any witness and 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