IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Bail Appl..No. 6486 of 2008() ----------------------------- CRIME NO.1083/08 OF KUNNAMKULAM POLICE STATION PETITIONERS ------------------------------- 1. BALAN AGED 32 S/O. APPUKUTTAN, EACHARATHU HOUSE, MILITARI KUNNU, AYIROOR. 2. MUTHU, AGED 24, S/O. SUBRU, KIZHAKOOTU HOUSE, PAZHANJI DESOM, HIGH SCHOOL ROAD, PAZHANIJI. 3. SUNI AGED 28 S/O. SUBRU, AALIKKAL HOUSE, NEAR PAZHANJI HIGH SCHOOL,PAZHANJI. 4. VINESH, AGED 29, S/O.VALAYUDHAN, KANDIRITHI HOUSE, GURUJI ROAD, PAZHANJI, AYIROOR. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6486 of 2008 ----------------------------------------- Dated this the 28th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324 and 307 read with 149 of the Indian Penal Code . According to prosecution, petitioners (accused 2 to 5) along with others formed into an unlawful assembly and de facto complainant and his friends were assaulted using soda bottle etc. 3. The incident occurred on 3.10.2008. Accused 1 and 4 were arrested on 5.10.2008, fourth accused surrendered on 7.10.2008 and fifth accused surrendered on 13.10.2008. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioners, but stringent condition may be imposed and they may not be allowed to enter the limits of the police station, within which the crime is registered. On hearing both sides, bail is grant to petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.6486/08 2 ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of direction in clause (ii) above. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.