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. 4316 of 2010() --------------------------------- CRIME NO. 196/2010 0F PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT ................. PETITIONR/ACCUSED : -------------------------- 1. MUHAMMED ASHRAF, S/O.KHALID, AGED 42, PUTHIYA VEETTIL HOUSE, KORANPEEDIKA, PARIYARAM AMSOM TALIPARAMBA TALUK, KANNUR DIST. 2. UNAIZ M.V.S/O. ABDUL SALAM, AGED 26, MADALAN VALLIYOTTU HOUSE, KORANPEEDIKA, PARIYARAM AMSOM TALIPARAMBA TALUK, KANNUR DIST. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT: ----------------------------------- STATE THROUGH PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT (CRIME NO.196/2010 OF PARIYARAM MEDICAL COLELGE POLICE STATION, KANNUR DISTRICT), REPRESNTED BY PUBLIC PROSECUTOR, HIGH COURT OF KRALA, AT ERNAKULAM. BY SRI. M.S.BREEZ 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. 4316 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, 332 and 307 read with Section 149 of the Indian Penal Code and Section 3 of the Explosive Substances Act. According to prosecution, on 29.05.2010 at about 3.30 P.M., 75 persons including petitioners(A2 and A9 respectively) formed themselves into an unlawful assembly and pelted stones against the police. A bomb was also hurled, though it did not explode. 3. Learned counsel for petitioners submitted that petitioners (A2 and A9) were arrested on 29.06.2010 and they are in custody for the past 49 days. The bomb which hurled did not explode. The co-accused were granted bail by this court, it is submitted. 4. Learned Public Prosecutor submitted that since similarly placed co-accused are granted bail, he has no objection in granting bail. But, stringent conditions may be imposed, while granting bail, it is submitted. B.A. No. 4316 / 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) each 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 alternate day, 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