IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Bail Appl..No. 4315 of 2010() --------------------------------- Cr.No. 202/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT .................. PETITIONERS/ACCUSED : ----------------------------- 1. MUHAMMED ASHRAF, S/O. KHALID, AGED 42, PUTHIYA VEETTIL HOUSE, KORANPEEDIKA, PARIYARAM AMSOM TALIPARAMBA TLAUK, KANNUR DIST. 2. UNAIZ M.V.S/O.ABDUL SALAM, AGED 26, MADALAM VALLIYOTTU HOSUE, KORANPEEDIKA, PARIYARAM AMSOM TALIPARAMBA TLAUK, KANNUR DISTRICT. 3. UMAIR @ UMMER, S/O. AHAMMED, AGED 38, MADALAM VALLIYOTTU HOUSE, KORANPEEDIKA, PARIYARAM AMSOM, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT : --------------------------------- STATE THROUGH PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT (CRIME NO.202/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT), REPRESNTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 4315 of 2010 ------------------------------------ Dated this the 16th day of August, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 427, 428, 324, 395 and 506(i) read with Section 149 of the Indian Penal Code. According to prosecution, petitioners(accused nos.2 , 12 and 15 respectively) along with other accused (total 15 in nos), formed themselves into an unlawful assembly and committed house trespass into the house of the de facto complainant and committed mischief by breaking the window glasses etc. They also assaulted the de facto complainant using sticks and committed theft of 5½ sovereigns of gold, Rs. 8000/- and 35 kgs of pepper. The incident happened on 29.05.2010 at about 3.30 P.M. 3. Learned counsel for petitioners submitted that accused nos. 1 and 15 were arrested on 29.06.2010 and accused no.12 was arrested on 30.06.2010 and they are in custody for the past 49 and 48 days respectively. 4. Learned Public Prosecutor submitted that taking into consideration, the general allegations made against petitioners, this petition is not opposed, but stringent conditions may be imposed, it is submitted. B.A. No. 4315 / 2010 2 5. 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/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the 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. ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, their bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln