IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Bail Appl..No. 7499 of 2009() ----------------------------- C.M.P.NOS.4571/2009 AND 4664/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, HOSDURG IN CRIME NO.424/2009 OF BEKAL POLICE STATION, KASARAGOD DISTRICT PETITIONERS: ACCUSED NO.1-5: ----------------------------------- 1. SREEJITH K.V., AGED 24 YEARS, S/O.BHASKARAN, KIZHAKKE VALAPPU, PALLIKARA II VILLAGE, KASARGODE DISTRICT. 2. SHAIJU P.V., AGED 20 YEARS, S/O.BHASKARAN, KIZHAKKE VALAPPU, PALLIKARA II VILLAGE, KASARGODE DISTRICT. 3. KANNAN P.N., AGED 26 YEARS, S/O.NARAYANAN, RESIDING NEAR AMBIKA AUDITORIAM, PALAKUNNU, KASARGODE DISTRICT. 4. MANI @ MANIRAJ, AGED 27 YEARS, S/O.APPAKUNHI, CHAMATHOTTIYIL, PALLAM, P.O.UDMA, KASARGODE DISTRICT. 5. MANOJ, AGED 24 YEARS, S/O.KUNHIKANNAN, VADAKKE VEEDU, PALAKUNNU, P.O.BEKAL, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR, SHRI SALIM P.A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/12/2009, ALONG WITH B.A.NO.7511/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. Nos. 7499/2009-F & 7511/2009-B - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2009. ORDER These are applications filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioners in B.A.No.7499/2009 are accused Nos.1 to 5 in Crime No.424/2009 of Bekal Police Station for having committed the offences punishable under Sections 143, 147, 148, 323, 324, 353, 332, 308 read with S.149 of the Indian Penal Code and petitioners in B.A.No.7511/2009 are accused Nos.1 to 5 in Crime No.425/2009 of the same police station for having committed the offences punishable under Sections 143, 147, 148, 452, 324, 308, 427 read with S.149 of the Indian Penal Code. 3. The allegation is that on 29/11/2009, at about 8.55 p.m., the petitioners formed an unlawful assembly with weapons creating nuisance in the area and also attacked the police party. They have alleged to have caused destruction to the shops in the area also. Petitioners 1 to 3 in B.A.No.7499/2009 were arrested on 30/11/2009 and petitioners 4 and 5 in B.A.No.7499/2009 surrendered before the Court concerned on 02/12/2009. The petitioners claim that they are innocent and they have been falsely implicated and the allegations B.A.No.7499/2009 and 7511/2009 2 against them are untrue. They also submit that even if the allegations are true, their continued custody is unnecessary. 4. The learned Public Prosecutor vehemently opposed the applications. It is pointed out by him that it is sequel of political clash and the matter have to be viewed seriously. 5. The Case Diary was made available for perusal. It is seen from the records that two persons were injured in the incident and the injury certificate shows that the injuries are minor in nature. The petitioners have been in custody for a sufficient period. It is found that their continued custody is unnecessary and therefore, bail can be granted. The applications are allowed as follows: i) Each of the petitioners shall be released on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) in each crime with two solvent sureties each for the like sum to the satisfaction of the JFCM concerned. ii) Each of the petitioners shall report before the investigating officer on every Wednesday between 10 a.m. and 11 a.m. till final report is laid in each crime . iii) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE ms