IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Bail Appl..No. 3859 of 2010() ----------------------------- CRIME NO.214/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR. (S): PETITIONERS/ACCUSED NO.2 & 4 ------------------------------------------------ 1. SIRAJ K.K., S/O. ABDULLA, AGED 25 YEARS, KATTIKOOTTATHIL HOUSE, ONAPPARAMBU, EZHOME AMSOM, KANNUR TALUK, KANNUR DISTRICT. 2. MUSTHAFA M., S/O. MUHAMMED KUNHI, AGED 28 YEARS, MADATHIL HOUSE, ONAPPARAMBU, EZHOME AMSOM, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT -------------------------- STATE THROUGH PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT. (CR.NO.214/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT),REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3859 of 2010 ---------------------------------------------- Dated 6th June, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 448, 427 and 380 read with Section 149 of the Indian Penal Code. According to prosecution, on 31.5.2010 at about 3 a.m., petitioners (A2 and A4) along with few others formed themselves into an unlawful assembly and armed with deadly weapons broke open the lock of the shutter in a super market, owned by defacto complainant and committed theft of articles worth Rs.3 lakhs, destroyed articles worth Rs.2 lakhs by setting fire to them, took away recharge coupons worth Rs.20,000/- and thereby committed various offences. 3. Petitioners were arrested on 4.6.2010 and they are in custody for the past 31 days. Learned counsel for petitioners submitted that this is a politically motivated crime between the workers of C.P.I.(M) and I.U.M.L. 4. Learned Public Prosecutor submitted that considering the stage of investigation, he has no objection in BA NO. 3859/10 2 granting bail, but stringent conditions may be imposed. 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) each with two solvent sureties each for the like sum to the satisfaction of the 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. until further orders. (ii) Petitioners shall not enter the limits of the Police Station, within which crime is registered, except for compliance of condition no.1. (iii) Petitioners shall not influence or intimidate any witness or tamper with evidence. (iv) In case the petitioners are involved in any offence of similar nature, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs