IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 635 of 2008() ---------------------------- CMP.482/2008 of J.M.F.C.,KASARAGOD CRIME NO.37/08 OF ADHUR POLICE STATION .................... PETITIONERS : ACCUSED 2 TO 7 ------------------------- 1. C.M.RASHID, S/O.C.K.MUHAMMED, AGED 27, CHEMBAYIL HOUSE, MADIKKERY, NOW AT BOVIKANAM QUARTERS, NEAR MOSQUE. 2. ABDUL RASHID.B., S/O.ABDUL RAHIMAN, AGED 23, BOVIKANAM, MULIYAR. 3. ASSAINAR, S/O.JABIR, AGED 21, BALANADUKAM, NEAR ANGANWADY, MULIYAR VILLAGE. 4. HANIF, S/O.ABDUL KADER, AGED 34, MULLACHERIYADUKAM, BOVIKANAM, MULIYAR VILLAGE. 5. ABDULLA.K., ABDULRAHIMAN, AGED 34, S/O.ABDUL KADER, MULLACHERIYADUKAM, BOVIKANAM, MULIYAR VILLAGE. 6. MUHAMMED OSMAIL, S/O.ABDUL KADER, AGED 28, MULLACHERIYADUKAM, MULIYAR VILLAGE. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.635 of 2008 ------------------------------------- Dated this the 5th day of February, 2008 ORDER Application for regular bail. Petitioners are accused 2 to 7. Altogether there was a group of about 150 miscreants. They face allegations for offences punishable, inter alia, under Sections 308 and 353 I.P.C. The alleged incident took place on 20.01.08. The petitioners were arrested on 21.01.08. It is alleged that they were guilty of culpable overt act against the police party. They allegedly resorted to stone throwing. Some of the police officials had suffered injuries. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They may now be enlarged on bail, it is submitted. 3. The learned Public Prosecutor has taken me through the wound certificates. It is conceded that no victim has suffered any serious injuries. Of course, there is the allegation that stone throwing was resorted to. I am satisfied in the facts and circumstances of this case that the petitioners can be released on B.A.No.635 of 2008 2 bail on the following terms and conditions. There is no opposition from the learned Public Prosecutor also. 4. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall execute bonds for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-