IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 7994 of 2008() ----------------------------- CMP.5675/2008 of J.M.F.C.-I, HOSDURG CRIME NO.352/2008 OF CHANDERA POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- 1. T.P. SAFAD, S/O. ABOOBACKER K.K.P, AGED 20 YEARS, FARSANA MANZIL, VATAKE KOVVAL, TRIKARIPUR, VATAKKE TRIKKARIPUR GRAMAM. 2. M.NURUDEEN @ NURU, S/O. SALAVUDEEN, AGED 20 YEARS, BISMILLA MANZIL, NEAR BEERICHERY JUMA AT MOSQUE, THEKKE TRIKKARIPUR GRAMAM. 3. AMBATTU SHERIF @ KOLLIL SHERIF, S/O. MUHAMMED KUNHI, AGED 28 YEARS, AMBATTU HOUSE, MENOTH, NEAR BEERICHERI SCHOOL, BEERICHERI, THEKKE TRIKKARIPUR GRAMAM. 4. RAHMATHULLA M.T.P., S/O. ABDUL KHADER, AGED 26 YEARS, BEERICHERI, TRIKARIPUR VILLAGE. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS/COMPLAINANT & STATE : -------------------------------------------------- 1. THE STATION HOUSE OFFICER, POLICE STATION CHANDERA POLICE STATION. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7994 OF 2008 ------------------------------ Dated this the 9th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 308 read with 149 of I.P.C. According to prosecution, petitioners (accused nos.3, 5, 6 and 9) along with other accused formed into an unlawful assembly assaulted defacto complainant, armed with deadly weapons like cycle chain, stick, iron rod etc. 3. Petitioners were arrested on 16.12.2008 and 17.12.2008 and they are in custody since then. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioners, but stringent conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for like sum to the B.A.No.7994 of 2008 2 satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioners shall not enter the limits of the police station within which crime is registered except for compliance of direction in clause no.(i). (iii) Petitioners shall not influence or intimidate any witness 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 pac