IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7889 of 2008() ----------------------------------- CRIME NO.156/2008 OF CHENGANNUR POLICE STATION PETITIONERS/ACCUSED : ------------------------------ 1. ANOOP @ UNNI AGED 19 YEARS, S/O.SIVARAMAN NAIR ANEESH BHAVANAM, PADINJATTUMMURI, VENMONY VILLAGE, CHENGANNUR TALUK. 2. SETHU S. PILLAI @ SINU AGED 21 YEARS, S/O SIVAN PILLAI THEKKETHALACKAL SETHUBHAVANAM, KIZHAKKUMMURI, VENMONY VILLAGE, CHENGANNUR TALUK. 3. NIDHIN MOHAN AGED 21 YEARS, S/O.NAVALIL VEEDU PADINJATTUMMURI, VENMONY VILLAGE, CHENGANNUR TALUK. 4. ANOOP, AGED 22 YEARS, S/O.MURALEEDHARAN PILLAI THURUVATHARAYIL VEEDU, VENMONY VILLAGE, CHENGANNUR TALUK. 5. SATHEESH, AGED 27 YEARS, S/O.KRISHNANKUTTY THEVANAMODIYIL, LEKSHAMVEEDU COLONY KIZHAKKUMMURI, VENMONY VILLAGE, CHENGANNUR TALUK. 6. NIBIN, AGED 19 YEARS, S/O.SIVARAJAN AMBALATHUVILAYIL VEEDU, KIZHAKKUMMURI, VENMONY VILLAGE, CHENGANNUR TALUK. 7. RATHEESH AGED 19 YEARS,S/O.RADHAKRISHNAN CHUNDAMMALAYIL, RATHEESH BHAVAN, KIZHAKKUMMURI, VENMONY VILLAGE, CHENGANNUR TALUK. Bail Appl..No. 7889 of 2008() 8. RAJEEV AGED 22 YEARS, S/O. RAMACHANDRAN NAIR CHITTEZHATHU VEEDU, KIZHAKKUMMURI, VENMONY VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT/COMPLAINANT/STATE : ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7889 OF 2008 ------------------------------ Dated this the 6th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 450, 324, 326, 307, 120(B), 511, 436 read with 149 of I.P.C. and Section 3(a) of Explosive Substance Act and Section 25 of Arms Act. According to prosecution, petitioners along with other accused, who are workers of BJP/RSS, formed into an unlawful assembly and armed with deadly weapons, committed rioting and trespassed into residential house of the defacto complainant and caused damage to the house and they also assaulted defacto complainant and inflicted injuries on him, his parents and brother. 3. Petitioners were arrested on different dates, on 22.10.2008, 24.10.2008 and 30.10.2008. Learned counsel for petitioners submitted that accused nos.1, 3 and 4 were granted bail by this court as per order dated 18.12.2008 in B.A.No.7543 of 2008. B.A.No.7889 of 2008 2 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioners on the same conditions. On hearing both sides, I find that bail can be granted to petitioners on conditions. Hence, bail is granted to 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 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 the police station within which the crime is registered, except for compliance of the condition in clause (ii) above. B.A.No.7889 of 2008 3 (iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac