IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 804 of 2009() ---------------------------- (CRIME NO.127/2008 OF VENCHIYOOR POLICE STATION) PETITIONER/ 2ND ACCUSED: -------------------------------- HARIPRASAD, S/O.BHASKARAN NAIR, REENA HOUSE, OPP.SHANKUMUGAM ST. ROCKS L.P.S, T.C.29/1232, VILAYIL VEEDU, KOZHIYODU LANE, PALKULANGARA WARD, VANCHIYOOR, TRIVANDRUM. BY ADV. SRI.P.G.THAMPI, SENIOR ADVOCATE SRI.G.PRIYADARSAN THAMPI SRI.SYAM J.SAM RESPONDENT(S): COMPLAINANT: --------------------------- THE CIRCLE INSPECTOR OF POLICE, PETTAH POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 804 of 2009 --------------------------------------------------- Dated this the 20th day of February, 2009. ORDER Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324, 452, 307 and 149 of IPC and section 27 of the Arms Act. According to prosecution, petitioner, along with 15 other accused, formed into an unlawful assembly and armed with deadly weapons committed rioting and also wrongfully restrained de facto complainant and attempted to commit murder, after committing house trespass into the house of de facto complainant in prosecution of the common object of the unlawful assembly. 3. Petitioner is the 2nd accused in the crime. Learned counsel for petitioner submitted that first and 3rd accused are already granted bail by learned Sessions Judge, but the bail application filed by petitioner was dismissed on the ground that petitioner is involved in another crime registered under Section 302 IPC. But the learned Sessions Judge missed to take note of the fact that accused were granted statutory bail. Petitioner was [B.A.No.804/09] 2 arrested on 1.12.2008 and he is in custody for the past 83 days. He is prepared to abide by any condition, It is submitted. As per the instruction, petitioner was taken into custody much earlier to the alleged date of arrest and he was in illegal custody of the police, it is submitted. 4. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed: Petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, the following conditions: i) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. ii) Petitioner shall not leave the limits of the police station, within which the crime is [B.A.No.804/09] 3 registered, except with previous permission of the learned Magistrate. iii) Petitioner 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. This petition is allowed. K. HEMA, JUDGE. Krs.