IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Bail Appl..No. 7282 of 2008() ----------------------------- CRIME NO.52/2008 OF EDACHERI POLICE STATION .................... PETITIONER : ACCUSED 4 & 5 ------------------------------------------- 1. FAZALU, S/O.USMAN CHALILPARAMBIL HOUSE, AZHIYOOR AMSOM DESOM VADAKARA. 2. JALEEL, S/O. MUHAMMED CHILLILPARAMBIL HOUSE AZHIYOOR AMSOM DESOM VADAKARA. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE EDACHERI POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7282 of 2008 --------------------------------------------- Dated this the 5th December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326, 153A and 294B read with Section 149 IPC. According to prosecution, petitioners (A4 and A5) formed into an unlawful assembly along with other accused and in prosecution of the common object of the assembly, assaulted the defacto complainant and caused grievous hurt, abused using obscene words and also uttered some words which are likely to promote religious enmity. 3. Petitioners surrendered before the Magistrate Court on 17.11.2008 and they are in custody since then. Learned public prosecutor submitted that he has no objection in granting bail, but, stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to the petitioners on stringent conditions. Hence, bail is granted to the petitioners on the following terms and conditions: BA No.7282/2008 2 (i) Petitioners shall execute bond for Rs.50,000/- 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 the crime is registered except for compliance of direction in clause no.(ii) above. But, this will not bar him from spending the Bakrid day with his family in the house. (iv) Petitioners shall not influence or 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 csl