IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 14 of 2009() ----------------------------------- CRIME NO.634/2008 OF HOSDURG POLICE STATION ......... PETITIONER (S): ACCUSED NO.4 -------------------- M.A.AKBAR, 21 YEARS, S/O.ABDULSALEEM MATTATH HOUSE, KOLAVAYAL, AJANUR VILLAGE HOSDURG TALUK, KASARAGOD. BY ADV. SRI.MURUGAN P.V. RESPONDENT(S): COMPLAINANT ----------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP. BY THE SUB INSPECTOR OF POLICE, HOSDURG. PUBLIC PROSECUTOR SRI.N.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------- B.A. No.14 OF 2009 --------------------------- Dated this the 12th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326, 308 read with 149 of I.P.C. According to prosecution, petitioner (fourth accused) along some other identifiable persons, formed into an unlawful assembly and assaulted the defacto complainant, armed with iron rods, soda bottles etc. due to political rivalry and committed various offences. 3. Learned counsel for petitioner submitted that petitioner was arrested on 09.11.2008 and he is in custody for the past 64 days. 4. Learned Public Prosecutor submitted that the incident occurred on 17.10.2008 and the crime is an offshoot of political rivalry. Hence, stringent conditions may be imposed while granting bail prohibiting petitioner from entering the limits of the police station within which crime is registered. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : B.A.No.14 of 2009 2 Petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on 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 enter the limits of the police station within which crime is registered except for compliance of direction in clause no.(i). (iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac